ARUN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal, by the accused, challenges the judgment of Additional Sessions Judge (2) Kangra in Sessions Case No.6 of 1988 decided on August 30, 1988 thereby convicting the accused under section 304, Part II, Indian Penal Code, and sentencing him to Rigourous Imprisonment for a period of four years and to pay a fine of rupees 5,000/-. The fine, on realization, has been ordered to be paid to the legal heirs of the deceased.

(2.) The prosecution case is that on 23.2.1988 at about 10.00 or 10.30 P.M., the labourers of accused Arun Kumar were creating some noise. They were residing in the Jhugies of Arun Kumar situated behind the house of Nirmal Singh (P.W. 2). Nirmal Singh objected to their making the noise and had some quarrel with them. Next day, Arun Kumar came to the house of Nirmal Singh and when he was not found there, he went away after hurling abuses against him. In the evening, Nirmal Singh came to the house of the accused and asked him as to why he had abused him in his absence. On this, some quarrel took-place between them.

(3.) On 25-2-1988, at about 7.00 or 7.30 P.M., accused Arun Kumar and co-accused Bipan Kumar and Ashok Kumar came to the shop of Nirmal Singh. There Ashok Kumar stated that both Nirmal Singh and the accused were at fault and, in order to settle the differences, all of them should go to the shop of Dr. Roop Lal. Accordingly, Nirmal Singh (P.W.2), Niranjan Singh (deceased), Shyam Lal (P.W. 4), Ashok Kumar, Bipan Kumar and the accused went to the shop of Dr. Roop Lal but he was not present in his shop. It was suggested by Ashok Kumar that they should go to the, house of the accused for settling the dispute. While Ashok Kumar, Bipan Kumar, Niranjan Singh, Nirmal Singh, Shyam Lal and the accused were proceeding towards the house of the accused, the accused abused Nirmal Singh whereupon quarrel flare-up between the parties. On this, the accused and Bipan Kumar said that Niranjan Singh and Nirmal Singh should be caught and killed and they should not be allowed to go. Accused Arun Kumar took out a Dang (Ext. P I) from his house and inflicted a blow on the head of Niranjan Singh who fell down and became unconscious. The accused ran away from the scene of occurrence thereafter.