BIR SINGH Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this appeal against the conviction under Sec. 302 I.P.C. and sentence of life imprisonment passed by the Additional Sessions Judge, Dharamsala, on Bir Singh, the only question that requires determination is whether he caused the death of his brother Karam Singh by inflicting the Drat blow in self defence or he intentionally caused the murder.

(2.) Bir Singh, accused, Karam Singh deceased, Nasib Singh, Jit Singh and Pritam Singh were own brothers and a family partition had taken place between them some years back. The accused, it appears, was not satisfied with the quality of land allotted to his share and he complained that Karam Singh, who was the eldest of all the brothers had got the best quality of land. In order to satisfy the accused, on 25th November, 1970 all the brothers decided to re -partition the land. All the brothers went on the land with ropes in order to measure the land. It is stated that Bir Singh and Karam Singh had quarrelled and exchanged abused. It was decided to re -allot the land which had earlier fallen to the share of Karam Singh to Bir Singh and that of Bir Singh to Karam Singh. But it appears that Bir Singh was not prepared to part with the share of his land earlier allotted to him on the ground that there were fodder trees on his land. Thereafter all the brothers left for their houses. It is stated that Karam Singh went to the cowshed to give fodder to his cattle and shortly after Bir Singh followed him armed with a Drat and gave a blow of it on the left side of the neck of Karam Singh in the presence of Smt. Giano Devi, who raised an alarm. On hearing the noise Chuhar Singh, Gokrah Singh and others reached the spot. The accused had thrown the Drat at the spot and had run away. Karam Singh died after half an hour.

(3.) Jit Singh one of the brothers, who also died before his statement could be recorded in the committing court, lodged the F.I.R. at the Police Station, Nurpur. The police arrested the accused and challaned him for an offence under Sec. 302 I.P.C.