JESSA SINGH & ANR. Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.8.1981 passed by the Addl. Sessions Judge, Sri Ganganagar convicting the accused-appellant-Jassa Singh of offence under section 304 Part-II and appellant No. 2 Jogendra Singh of offence under section 304 r/w Sec. 34 Penal Code and sentencing both of them to 5 years R.I. and to pay fine of Rs. 100.00 each, in default of payment, to further undergo 3 months R.I.

(2.) The prosecution case is that on 5.7.1980 at about 1.30 p.m. Mr. M.P. Aggarwal, Medical Officer & Incharge, Primary Health Centre, Sri Karanpur informed the SHO Police Station, Sri Karanpur that one person Jaggar Singh, aged 60 years has been brought in injured condition by Nakchhatra Singh, Pritam Singh injured is critical. Mr. Murlidhar, SHO along with Head Constable rushed to the hospital and recorded the statement of Gurudayal Singh vide Ex. P/13. The said witness stated that the deceased Jaggar Singh was his brother in law and house of the deceased and that of the appellant are just in front of each other. He also stated that 2 days prior to the date of incident, the accused Jassa Singh climbed on the wall of the house of Jaggar Singh through the house of one Shri Ishwar Singh and he was looking towards house of Jaggar Singh where Mst. Sukhdeokaur wife of Nakchhatra Singh S/o Jaggar Singh was sitting. It is alleged that the accused looked at the lady with sinister gesture. Upon this, Sukhdeokaur abused Jassa Singh. The matter was reported by Sukhdeokaur to her father-in- law Jaggar Singh, who called the Panchayat, in which, the conduct of Jassa Singh was discussed. Balkar, father of the accused Jassa Singh tendered apology on his behalf. On 5.7.1980 at about 10.45 a.m. Jassa Singh armed with Kassi and Jogendra Singh armed with Kassia came infront of house of Jaggar Singh and abused him. It is alleged that Jassa Singh inflicted Kassi blow on the right hand of Jaggar Singh and Jogendra Singh gave Kassi blow on his forehead. He was immediately brought to the hospital, where he died. On this information, Police registered a case of offence under sections 302, 302/34 Penal Code and proceeded with the investigation and laid charge-sheet against accused persons for the aforesaid offences.

(3.) Both the appellants were charged under sections 302, 302/34 IPC. The appellants denied charge and claimed trial. The prosecution, in support of case, examined number of witnesses and also produced certain documents. Relying on the testimony of PW 7 Sukhdeokaur and PW 9 Gurudayal Singh, the learned Sessions Judge acquitted the accused persons of the charge of murder, but convicted for the offence culpable homicide not amounting to murder punishable under section 304(11) IPC.