- (1.) It is an allegation against the appellant accused that he had caused injuries to Amrik Singh on March 30, 2005, at about 9.30 p.m., which resulted into his death on April 3, 2005. Occurrence had taken place in a workshop owned by Lakhbir Singh (PW12) at village Rawalpindi, Police Station Sadar Phagwara.
(2.) The process of law was set in motion on a statement Ex. PD made by Lakhbir Singh (PW12) on March 31, 2005, at 12.50 PM. His statement was recorded by ASI Jatinderpal Singh (PW13) and FIR bearing No. 42 was registered against the appellant accused for commission of offence under Section 307, 323/506 IPC for causing injuries to Amrik Singh, who died on April 3, 2005, whereupon offence under Section 302 IPC was added in the FIR.
(3.) The trial Judge has noted the following facts regarding case of the prosecution: "The facts, in brief, are that Lakhbir Singh was running a tractor workshop, at bus-stand Rawalpindi, Police Station Sadar Phagwara, District Kapurthala. Amrik Singh son of Bachan Singh, resident of Rawalpindi was working as a mechanic and Sunil @ Soma was working as a helper in the said work-shop. On 30-3-2005, at about 9.30 p.m., when Lakhbir Singh was going to close his work-shop, Amrik Singh and Sunil after taking a little quantity of liquor, were taking their meals together. All of a sudden, they quarrelled with each other. Amrik Singh gave a push to Sunil accused. Sunil got enraged and started abusing Amrik Singh. He was also saying that Amrik Singh, was always treating him, in the aforesaid manner, and that he would not be left alive on that date. Sunil, accused, picked up a hammer (Hathora) lying in the work-shop and gave 3 to 4 blows with the same, on the head of Amrik Singh, though Lakhbir Singh tried to stop him. Thereafter, Sunil, accused, with hammer (Hathora) decamped from the spot." ;