H.S. Bedi, J. - (1.) This appeal arises out of the following facts:- At about 10-00 A.M. on February 9, 1995 Sukhdev Singh (deceased) accompanied by his sons Amarjit Singh and Kala Singh were going to their fields and when they reached near the house of accused Baldev Singh, Sukhdev Singh called out to him and accused him of stealing the barbed wire from his field. This allegation enraged Baldev Singh, who rushed inside the house and came out armed with a Kasia and gave one blow on Sukhdev Singhs head, on which he fell down and as he lay fallen, Baldev Singh gave a second blow to him. Sukhdev Singh was removed to hospital but he died on the way. A case against the accused for an offence punishable under Section 302 of the Indian Penal Code was accordingly registered at Police Station, Jaurkian at 3.30 P.M. on 9.2.1995; with the special report being received by the Illaqa Magistrate at his residence at 6.20 P.M. on the completion of the investigation, the accused was charged for an offence punishable under Section 302 of the Indian Penal Code and as he pleaded not guilty, was brought to trial.
(2.) The prosecution, in support of its case, examined PW-1 Dr. Parshotam Goyal, who had conducted the post-mortem examination on the dead-body and had observed one injury on the head; PW-2 and PW-3 Amarjit Singh and Kala Singh, the two eye-witnesses and the sons of the deceased; and the two Investigating Officers PW-4 Inspector Amrik Singh and PW-5 ASI Buta Singh. The reports (Exhs. PR and PS) of the Forensic Science Laboratory were also tendered into evidence.
(3.) The prosecution case was then put to the accused and his statement recorded under Section 313 Cr.P.C. He denied the allegations levelled against him and pleaded that Sukhdev Singh had in fact suffered injuries in a tractor accident. He also produced two witnesses in his defence; DW-1 Sher Singh and DW-2 Gurtej Singh. In his evidence Sher Singh (DW-1) however, stated that Sukhdev Singh had fallen on a heap of bricks and had received serious injuries which had led to his death and that Baldev Singh had not been involved in any manner.;