Decided on June 04,1991

RAM SINGH Appellant


V.P.BHATNAGAR, J. - (1.) Appellant, Ram Singh has filed this appeal against the judgment dated 29-10-1985 of the learned Additional Sessions Judge, Mandi whereby he convicted him for the offence under S. 302 of Indian Penal Code and sentenced him to undergo life imprisonment. He was also ordered to pay a fine of Rs. 2000/ -. In default of payment of fine, the appellant was to undergo further rigorous imprisonment for a period of one year.
(2.) The appeal was heard in the first instance by a learned Division Bench of this Court comprising of R. S. Thakur and Bhawani Singh, JJ. Both the Judges handed down their judgments on 24/03/1989. Bhawani Singh, J. was of the opinion that an offence under S. 304, Part-II of the Indian Penal Code had been proved against the appellant. He, therefore, altered the conviction from that u/ S. 302 Indian Penal Code to S. 304 Part II and proceeded to sentence the appellant to rigorous imprisonment for a period of 5 years and to pay a fine of Rs. 1000/ - and in default of the payment of fine to undergo further imprisonment for six months. R. S. Thakur, J., however differed to the extent that he upheld the impugned judgment and thus the conviction of the appellant for the offence of murder u/ S. 302, IPC. He maintained the sentence awarded by the learned Court below and dismissed the appeal. In view of the difference of opinion noticed above, the appeal has been placed before me and parties heard on merits.
(3.) The parties to the occurrence are neighbours. There had been a dispute between them since long relating to the use of a path through the court-yard of appellant Ram Singh's house. A year before the occurrence Ram Sitigh is stated to have blocked the path but opened it due to intervention of the local panchayat and the police. The occurrence took place on 9-1-1985 but 3-4 days prior to it Ram Singh again blocked the said path by raising a Jangla. The police again intervened and Ram Singh undertook to remove it but actually did not do it. On 9-1- 1985, in the after-noon, the complainant party retaliated. They blocked another path which was being used by Ram Singh from his house to their side by putting thorny bushes on it. Ram Singh removed these bushes but the complainant party comprising of Brahmi Devi W/o Sadhu Ram, Brahmi Devi W/o Tej Bhan and Mansha Devi went to the place again to create the obstruction and block the path, till the time Ram Singh actually removed the Jangla erected by him on their path. At that time, appellant Ram Singh came there with a Drat in his hand and hit Brahmi Devi W/o Sadhu Ram on her head. She fell down and others ran away to their houses. Sadhu Ram immediately came to the place of occurrence but the appellant by that time had left the place. Sadhu Ram brought the injured to the verandah of his house where she breathed her last.;

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