ACHHAY LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Achhay Lal was tried for having committed offences punishable under Ss. 302 and 201 of the Indian Penal Code. The Additional Sessions Judge, Sangrur vide his judgment dated December 21, 1993 convicted the appellant on both the counts and sentenced him as under :-Under Section 302 of the Indian Penal CodeTo undergo life imprisonment and to pay a fine of Rs. 2000/- and in default of payment of fine,to undergo further rigorous imprisonment for one year.Under Section 201 of the Indian Penal CodeTo undergo imprisonmentfor three years and to pay a fine of Rs. 500/- and in default of payment of fine,to undergo further rigorous imprisonmentfor three months.Both the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) The prosecution case, in brief, is that Bahadur Sharma deceased along with four or five other labourers from Bihar used to work as labourers in village Dhadogal and they used to reside at the room (Kotha) of the tubewell of Avtar Singh PW-5, situated in the fields of village Dhadogal. The appellant also used to reside with them. The appellant used to provide labour to the villagers and collect money. In the end of January, 1990 or in the beginning of February, 1990, Bahadur Sharma died of the injuries received by him on his head. According to Avtar Singh, P.W., on the day of occurrence, while other labourers had gone to work in the village, both the appellant and the deceased remained at the Kotha of the tubewell. Bahadur Sharma deceased was not traceable. Avtar Singh P.W. asked the appellant about Bahadur Sharma deceased. The appellant replied that Bahadur Sharma deceased had gone back to Bihar.

(3.) According to Avtar Singh, Bahadur Sharma deceased used to quarrel with the appellant over the payment of Rs. 800/- or Rs. 900/-.