CHHOTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal filed by Chhota Singh and Mal Singh appellants directed against the judgment and the order of sentence passed by the learned Sessions Judge, Faridkot dated 3.11.1986, By virtue of the impugned judgment, the learned trial court held the appellants guilty of the offence punishable under Section 304 Part II of the Indian Penal Code. By the subsequent order of sentence, each of the appellants was sentenced to undergo rigorous imprisonment for 5 years and fine of Rs. 2,000/-. In default of payment of fine, they were to undergo further rigorous imprisonment for one year each.

(2.) THE relevant facts of the prosecution case are that on 15.12.1985 at about 5.00 P.M. both the appellants were exchanging words with the female members of the family of Kulwant Singh. Chamkaur Singh deceased alongwith Kulwant Singh, Baldev Singh and Chanda Singh came there. They requested the appellants to refrain from doing so. Thereupon the appellants replied that they would teach them a lesson for helping the family of Kulwant Singh.

(3.) THE learned Session Judge on 15.3.1986 framed charge against each of the accused with respect to the offence punishable under Section 302/34 IPC. The appellants pleaded not guilty and claimed a trial. In support of its case, the prosecution had examined six witnesses. Inspector Inder Singh PW-6 is the Investigating Officer while Dr. Ramesh Kumar PW-4 had conducted the post- mortem on the person of the deceased. The two eye-witnesses examined were Chanda Singh PW-2 and Kulwant Singh PW-3. the statement of the accused- appellants were recorded in terms of Section 313, Cr.P.C. They denied that any such incident took place and pleaded their innocence. In defence one Gurbachan Singh DW-1 was examined. He made a sworn testimony in court that he was incharge of Dhillon farm in Moga. At about 5.00 P.M. he had come outside the farm on hearing the noise. Brick-bats were being thrown. Many person had collected. Chamkaur Singh deceased was present on the roof of the shop of Harjinder Singh. He fell down from the roof and received injuries. During cross-examination he testified that he had seen the deceased lying on the ground and not falling from the roof on the ground.