K.S.GAREWAL,J - (1.) LAKHWANT Singh (36) has filed this appeal against his conviction for the culpable homicide of his brother Narain Singh for which he was tried, convicted and sentenced by the learned Sessions Judge, Sangrur, vide judgment dated September 10, 1990, and ordered to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3,000/- under Section 304 (Part-II) of the Indian Penal Code. Feeling aggrieved, the appellant has filed the present appeal.
(2.) LAKHWANT Singh appellant and his brother Narain Singh and their respective families lived in the family house outside village Kaheru. They both had separate residences but shared the verandah and the courtyard. Their parents Chainchal Singh and Darshan Kaur lived with the appellant. Chainchal Singh owned 18 acres of land, which had been divided into three equal shares. One share was retained by himself while the other two shares had been given to the appellant and the deceased, respectively. The prosecution alleged that since Chainchal Singh lived with Lakhwant Singh, he had given his own share also to Lakhwant Singh. Narain Singh deceased had asked Lakhwant Singh to divide their father's share into two equal shares, but Lakhwant Singh was not agreeable. For this reason the brothers often quarrelled with each other. On October 23, 1989, Narain Singh's father-in-law Pargat Singh Bajwa of Nabha had come to visit his daughter Jaswinder Kaur and son-in-law Narain Singh deceased. At about 7.30 PM, Pargat Singh Bajwa, Jaswinder Kaur and Narain Singh were sitting in the verandah of their house after taking their meals. After some time Narain Singh switched off the light of the court-yard. Lakhwant Singh appellant switched it on again and called out to Narain Singh that since he was claiming half of the land, he would settle the account once for all. After saying this the appellant gave a Kulhari blow towards Narain Singh which hit him on his left arm. Whereafter he gave two more Kulhari blows on the right and left sides of Narain Singh's head as a result of which he fell down on the ground. Jaswinder Kaur, Chainchal Singh and Pargat Singh Bajwa raised alarm and during the ensuing commotion Lakhwant Singh escaped from the spot with his kulhari. Narain Singh was evacuated by Chainchal Singh and Pargat Singh Bajwa in a tractor trolley belonging to one Bhagwan Singh and taken to civil hospital Dhuri.
(3.) NARAIN Singh was medico-legally examined by Dr. Sham Lal Goel PW2 at about 8.50 PM and was found to have the following injured on his person : "Incised wound 15 cm x 3 cm on the left parietal region of the skull situated 6 cm above the left ear pinna 9 cm away from mid line, 4 cm above the hair line. Fresh bleeding was present. Brain matter coming out. Underlying bones fractured. 2. Incised wound 15.5 cm x 2.5 cm on the frontal region of the skull on right side. Wound started at the hair line and extended upward towards the parietal region of the skull. Wound was situated 3 cm away from the mid line, 5 cm above the right eye brow. Fresh bleeding was present. Underlying bone fractured. Brain matter was coming out. 3. Incised wound 4 cm x 3 cm on the left fore-arm on medial aspect. Bone deep. Fresh bleeding was present. Wound was situate 10 cm above the wrist joint. 4. Abrasion 4 cm x 4 cm on the dorsal aspect of the left hand and extending towards the dorsal aspect of the mid-finger and fore-finger". ;