(1.) The learned Sessions Judge, Barnala, convicted Wali Mohammad under Section 304 Part II, Indian Penal Code, and sentenced him to 7 years' rigorous imprisonment for culpable homicide not amounting to murder by causing the death of Sadhu Singh on 13th April, 1966, in the abadi of village Akalia. The convict appeals. The prosecution story briefly stated is that Wali Mohammad accused belonging to village Jalal was a friend of Sadhu Singh deceased who lived in village Akalia. The latter invited the former to his village on 13th April, 1966, to celebrate Baisakhi. Both of them after taking liquor went to a place near the shop of one Mohan Lal at 8 p.m. and sat down, may be out of fun. Bachan Singh PW-2, Saudagar Singh PW-4, Harnek Singh PW-5 and Ram Singh were already sitting in the street near the shop. Wali Mohammad accused told Sadhu Singh that whenever he went to his village Jalal he always entertained him at his house and that he should also take him to his house and entertain him there. Sadhu Singh replied that it was not proper to do so as Wali Mohammad was in a drunken state, which started arguments between them. They got up and grappled with each other. Wali Mohammad threw Sadhu Singh on the ground and gave him a few kicks with his feet on his neck. Smt. Bhan Kaur PW-3 mother of Sadhu Singh also on hearing the noise raised by the witnesses reached the spot. Wali Mohammad ran away from there. Sadhu Singh succumbed to the injuries on the spot. His dead body was taken to his house. The witnesses described the occurrence to Hazara Singh Panch. Bachan Singh went to the police station and lodged the first information report at 3 a.m. on 14th April, 1966.
(2.) Gurchetan Singh ASI PW-11 reached the spot on the following morning and after preparing the injury statement and the inquest report sent the dead body of Sadhu Singh to the mortuary of Rampura. He arrested the accused on 15th April, 1966, from his village.
(3.) Dr. R.S. Sangwan PW-1 performed the post-mortem examination of the dead body and observed as follows :-