JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is instituted against judgment dated 29.01.2018 and order dated 30.01.2018, rendered by learned Additional Sessions Judge, Hoshiarpur, in Sessions Case No. 01 dated 02.05.2015. Appellant Joginder Singh, who was charged with and tried for the offence punishable under Sections 302 and 323 IPC, was convicted and sentenced as under :-

(2.) The case of the prosecution, in a nutshell, is that injured Piari (PW.4) lodged complaint with the police on 01.11.2014. According to the contents of the complaint, their family was agriculturist by profession. Her husband was scaring away the birds on 01.11.2014 in the evening. She went to the fields. In the adjoining fields, her brother-in-law (Devar), namely Joginder Singh, was clearing the water channel. Her husband asked her to bring tea for him. At about 5.15 PM, she along with her son Lakhwinder Singh went to their fields with tea. They saw her brother-in-law Joginder Singh carrying spade in his hand. He was shouting loudly at her husband. In her presence as well as in the presence of her son Lakhwinder Singh, he gave 3-4 spade blows from its sharp edged side to her husband, hitting him on his head, forehead, nose and face. Her husband collapsed. The spade slipped from the hands of Joginder Singh and came under the body of her husband. Then Joginder Singh picked up an iron Rs.Tangli' (an agricultural implement used for taking wheat chaff or hay). He gave Tangli blow to her husband on his forehead. She came forward to snatch Tangli from the hands of Joginder Singh. He gave a Tangli blow to her also. She raised her right hand in order to ward off the blow. Tangli blow hit between index and middle fingers of her hand. She and her son tried to catch hold of Joginder Singh. He ran away from the spot along with Tangli. Blood started oozing out from the mouth of her husband due to injuries received by him. He died at the spot. The motive behind the occurrence was an earlier dispute pending between both the brothers regarding partition of their agricultural land. Ruqa was prepared. FIR was registered. The rough site plan was prepared. The dead body was sent to Civil Hospital, Garhshankar, for post mortem examination. The investigation was initiated and challan was put up after completing all the codal formalities.

(3.) The prosecution examined a number of witnesses in support of its case. The accused was also examined under Section 313 Cr.P.C. He denied the case of the prosecution. According to him, he was working in his fields on 01.11.2014. His brother Harbhajan Singh was also present in the adjoining fields. At about 4.30 PM, his brother Harbhajan Singh came towards his fields. He was abusing him and his family. He tried to hit him with spade (Kassi). Harbhajan Singh hit him from the blunt side as well as sharp side of the spade. He received injuries and fell down. Harbhajan Singh fell down along with the spade and received injuries from the spade. Harbhajan Singh again tried to hit him (accused). He picked a Tangli lying nearby. He pointed Tangli towards Harbhajan Singh, in order to save himself. Charanjit Kaur and Tarsem Singh also came on the spot. He examined three witnesses in his defence. He was convicted and sentenced, as noticed here-in-above. Hence, this appeal.