GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the conviction and sentence imposed on him by the learned Sessions Judge, Amritsar in Sessions Case No. 571 of 1985 dated 29.10.1986 for the offence under Section 304 I.P.C.

(2.) ACCORDING to the case of the prosecution, the accused attacked one Tehal Singh with Kulhari and gave 3/4 blows on the neck and back of the head of Tehal Singh, who died due to the injuries caused by the appellant. The evidence of the Doctor who was examined in the case clearly shows that the deceased died due to the injuries sustained by him. It is also in evidence that the quarrel took place between the accused and the deceased and there was grappling among Tehal Singh and the wife of the accused. To get his wife released from the arms of the deceased, the accused gave kulhari blows. The evidence further shows that the deceased Tehal Singh tried to commit rape on the wife of the accused. At that time the accused came to the scene of offence and caused injuries so as to get his wife released. The evidence of DW-1 clearly proves the same. Further even according to the prosecution witnesses, the occurrence took place at the house of the accused. The evidence of PW-2 who is the son of the deceased, also shows that he found that the wife of the accused was pulling his father. The evidence of PW-3 shows that when he and Bakshish Singh reached the house of the accused they found the wife of the accused and Tehal Singh grappling with each other and at that time the accused attacked Tehal Singh.

(3.) IN the circumstances, I do not think that the accused had committed any offence. Under Section 81 of the Indian Penal Code nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm and in good faith for the purpose of preventing or avoiding other harm to person or property.