CHUNI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated September 19, 1995, passed by the Sessions Judge, Ferozepur, whereby Chuni Lal appellant has been convicted "under Section 302, I. P. C, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 400.00, or in default of payment of fine to undergo further rigorous imprisonment for five months, whereas the remaining appellants-Sunil Kumar alias Kalia and Hans Raj have been convicted Under Sections 302/34, I. P. C. and each of the two has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 400.00 or in default of payment of fine to undergo further imprisonment for five months.

(2.) THE facts necessary for the disposal of this appeal are that Jagdish Rai, the complainant, and his family members are labourers by profession. Raj Kumar alias Raj (deceased), aged about 22 years, was his eldest son. The marriage of Raj Kumar was scheduled to take place a month after the day of occurrence. On 28-7-1993 at about 9. 00 p. m. Jagdish Rai was advising his family members to work hard since only one month was left for the marriage of Raju. His wife Kanta raised an objection with a loud voice that he was criticising even those persons who were already working. An altercation took place between Jagdish Rai and his wife Kanta. On hearing their noise, their neighbourer Hans Raj appellant came in a drunken condition in front of the door of their house and started abusing them while remarking as to why they were making noise, Jagdish Rai told him that it was their family affair but the said appellant did not desist from hurling abuses being under the inflence of liquor. Upon it, the altercation between them took a serious turn. Smt. Kanta and Smt. Bhagwanti (mother of Jagdish Rai) came out of the house. Hans Raj appellant exhorted his brothers Chuni Lal and Sunil Kumar alias Kalia, who came there duly armed with dangs. In the first instance, the three appellants are alleged, to have given fist blow to Jagdish Rai. In the, meanwhile, on hearing the noise Raj Kumar came outside while running. Sunil Kumar alias Kalia and Hans Raj appellants caught hold of Raj Kumar by his hands and Chuni Lal appellant gave a dang blow on the head of Raju, as a result of which he fell down and became unconscious. An alarm was raised "na MARO NA MARO". All the appellants gave fist blows to Jagdish Rai, his mother Bhagwanti and his wife Kanta and then ran away from the spot.

(3.) ON 29-7-1993 at 7. 10 a. m. , Dharm Chand came to the Police Station and informed that the injured Raj Kumar alias Raj who was admitted in the Civil Hospital, Abohar, had been referred to the Civil Hospital, Ludhiana, and they were taking Raju to the Civil Hospital, Ludhiana, but at about 5. 00 a. m. when they reached near Muktsar Raj Kumar alias Raju breathed his last on the way. They brought him back to Civil Hospital, Abohar. On this information, Daily Diary No. 34 (Ext. PH/3) was recorded and the offence under Section 304, IPC, was added.