K.C. Puri, J. - (1.) BALDEV Singh @ Budha Appellant has directed the present appeal against the judgment dated 11.11.2002 and order dated 13.11.2002 passed by Shri K.R. Mahajan, Additional Sessions Judge, (Adhoc) Patiala vide which Appellant has been convicted under Section 304 part II of the Indian Penal Code ( in short -the IPC ) and sentenced him to undergo rigorous imprisonment for a period of three years and to pay a fine of '. 1,000/ -.
(2.) BRIEFLY stated that on 31.12.1997 ASI Jagjiwan Singh along with Hardial Singh and other police officials in connection with the patrol duty on private vehicle were present at the Bus Stand of village Kakrala. There complainant Balbir Singh came and got recorded his statement that he is resident of village Kakrala and is an agriculturist by profession. On 19.12.1997 his brother Harjinder Singh, Sukhpal Singh, Amrik Singh and Sukhdev Singh and 8 -10 other persons were filling the earth in the monastery (Mathh) with the help of tractors under the supervision of Baldev Singh @ Budha accused -Appellant. At around 5.00p.m. Baldev Singh asked the persons that whether they have tired and on this all the persons replied in positive. Then Baldev Singh went to his house and brought one silver utensil (Dollu) filled with illicit liquor and started serving the same to those persons, included Harjinder Singh, Sukhpal Singh, Amrik Singh, Sukhdev Singh and other persons, who consumed the same. All the persons after consuming the liquor went to their respective houses. On return to his house Harjinder Singh, brother of the complainant started vomiting. On asking Harjinder Singh told the complainant that as he has taken liquor from the hands of Baldev Singh @ Budha accused -Appellant, therefore, due to that he is vomiting. On enquiry, it revealed that Sukhpal Singh, Amrik Singh and Sukhdev Singh are also vomiting by consuming the liquor. It has been further alleged that on 20.12.1997 at around 11.30 a.m. Sukhpal Singh died. Then complainant Amrik Singh, Sukhdev Singh and their heirs thought that Sukhpal Singh must have died due to fever ( pneumonia) and thus he was cremated. Thereafter, Harjinder Singh, Amrik Singh and Sukhdev Singh started doing more vomits. Then the complainant and others thought that the vomits are due to consumption of liquor and thus Harjinder Singh, Amrik Singh and Sukhdev Singh were got admitted at Civil Hospital, Samana. It has been further alleged that Amrik Singh died on the way to the Civil Hospital, Samana and he was also cremated. Thereafter, complainant got admitted his brother Harjinder Singh at Civil Hospital, Samana whereas Sukhdev Singh was got admitted at Rajindrea Hospital, Patiala by his relatives and on 21.12.1997. Harjinder Singh was also referred to Rajindra Hospital, Patiala. However, Harjinder Singh also died on the same day and he was also cremated after the post mortem examination. On 24.12.1997 Sukhdev Singh also died due to consumption of liquor. The post mortem examination was also conducted on the dead body of Sukhdev Singh and thereafter he was also cremated. Thereafter, the complainant and others were on definite opinion that the above said four persons have died due to the consumption of poisonous liquor served by Baldev Singh @ Budha accused -Appellant. After recording the statement of the complainant investigation commenced. The accused was arrested. Statements of the witnesses were also recorded. After completion of the necessary investigation, challan against the accused was also presented in the Court for trial.
(3.) ON appearance of the accused, copies of documents relied upon by the prosecution were supplied to the accused. The trial Court on finding a prima facie case under Section 304 Part II of the IPC, a charge was framed against the accused. The accused did not plead guilty and claimed trial.;