NAHAR SINGH Vs. THE STATE

JUDGEMENT

(1.) THIS is appeal by Nahar Singh from the judgment of Shri Muni Lal Verma, Sessions Judge, Bhatinda, dated January 11, 1967 convicting him under Section 304 (Part I), Indian Penal Code and sentencing him to rigorous imprisonment for five years. Jang Singh was also tried along with Nahar Singh. He was, however, acquitted.

(2.) BRIEFLY stated, the facts of the prosecution case are that a well in the area of village Heron Kalan in the district of Bhatinda was jointly owned by Mukand Singh, Jagir Singh, Maghar Singh, Gurdial Singh and Hardyal Singh deceased brother of Gurdial Singh. The co -sharers used to work the persian wheel of the well by turn. A little more than three weeks prior to the occurrence, Gurdial Singh returned on a cycle from Sunam to the village. He found that the mother of Jung Singh co -accused of the appellant was walking ahead of him. He rang the bell to alert her so as to get aside. In spite of his attempt to save her, his cycle struck against her. She abused him. The following day, Jang Singh convened Panchayat and said that he would deal with Gurdial Singh. About a fortnight prior to the occurrence, which came off on June 8, 1966, Hardial Singh wanted to work the wheel. Nahar Singh appellant siri of Mukand Singh would not allow him to do so. There arose dispute between the two. The matter was referred to the Panchayat. The Panchayat settled the terms to work the wheel. The ill -will in the mind of Nahar Singh and his co -accused Jang Singh is said to have continued in spite of the Panchayat having been convened and the disputes having been settled there. It is further stated on behalf of the prosecution that on June 8, 1966. Hardial Singh was sleeping on a cot in cattle -shed, that Gurdial Singh returned at 10 or 11 p.m. after irrigating the field of Niranjan Singh to his house and met Jaila in the vacant site at a distance of 5 karams from the cattle -shed, that Jaila was loading manure on his cart, that on hearing cries from the side of cattle -shed, he and Jaila came there, that they saw Jang Singh pulling out his spear, which be had hit in the belly of Hardial Singh, that Hardial Singh, who was lying on cot with his face up, over turned that Nahar Singh struck him with his spear in his back, that on enquiry as to why they caused injuries to Hardial Singh, the accused decamped, that Hardial Singh was carried on cot to the water -pump at a distance of 3 karams in the vacant site belonging to Nahar Singh as he asked for water and that after he was served with water, he fell down on the ground from the cot.

(3.) THE appellant and Jang Singh were brought to trial for offence under Section 302, Indian Penal Code. The prosecution produced in support of its case Gurdial Singh P.W. 5 as an eye -witness. Jaila, who is named as an eye -witness both in the first information report and in the statement made by Gurdial Singh at the trial, was not produced as a witness. The number and nature of injuries caused to the deceased was explained in their evidence by Dr. Surinder Nath P.W. 2 and Dr. K.L. Batra P.W. 1. The recoveries of various articles were also relied on by the prosecution.