SWARAN SINGH Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Sessions Judge, Kathua dated February 2, 1978 convicting accused-appellants under sections 304-11/34, R.P.C. and sentencing both of them to undergo rigorous imprisonment for seven years.

(2.) Prosecution case against the appellants was that on December 13, 1975 in the evening Hira Singh, complainant in the case, and his son Mohinder Singh went to Kathua bazar for getting household articles. Mohinder Singh went to the shop of dry-cleaning for getting his coat dry- cleaned and Hira Singh stayed out side. At that time both the appellants entered into the shop and started quarrelling with Mohinder Singh. There was a scuffle when Swaran Singh inflicted injury on the head of Mohinder Singh with a knife, whereas Prem Kumar appellant caused lathi blows on his arm. Mohinder Singh was taken to Kathua hospital from where he was removed to S.M.G.S. Hospital, Jammu but on December 17, 1975 he succumbed to the injuries.

(3.) Challan against the appellants was produced in the Court of Chief Judicial Magistrate, Kathua, who committed them to stand their trial before the Court of Sessions at Kathua. Appellants were charged under sections 304/34, R.P.C. but they pleaded not guilty. Prosecution led evidence and the appellants also produced witnesses in their defence. Trial Judge, after hearing both the sides, convicted and sentenced both the appellants-accused as aforesaid.