BABAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BABAN Singh appellant herein vide order of conviction and sentence recorded by Additional Sessions Judge, Kapurthala dated 9th of February, 1995 has been held guilty under Section 302 of the Indian Penal Code for having intentionally caused the death of Ajudhiya Singh son of Ram Avtar Singh and thus sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- and in default thereof to further undergo R.I. for a period of one month. It is against this order of conviction and sentence that the present appeal has been filed.

(2.) MR . P.S. Mann, learned Senior Advocate representing the appellant presumably impressed with the array of facts and circumstances brought on record by the prosecution connecting the appellant with the commission of crime has confined his argument only with regard to nature of offence. He contends that if the prosecution version is believed the appellant cannot be pinned down under Section 302 of Indian Penal Code and at the most he can be convicted for an offence under Section 304 Part II of the said Code.

(3.) WHEN examined under Section 313 of the Code of Criminal Procedure, the appellant claimed false implication. He, however, led no evidence in defence.