- (1.) The trial Court acquitted accused Pala and Kuldeep Singh @ Jeeti and convicted accused Jaswinder Singh @ Lakhbir Singh for the offence under Section 302 IPC. Accused Jaswinder Singh has challenged the judgement of conviction and sentence passed by the trial Court.
(2.) The brief case of the prosecution is that accused Jaswinder Singh @ Lakhbir Singh was residing in the adjoining house of Bahadur Singh (since deceased) in village Kang Kalan. On 18.6.2006 at about 9.00 p.m. Bahadur Singh proceeded to the terrace of his house alongwith a cot for sleeping during night. His wife PW1 Ramla Rani and his son PW2 Gurwinder Singh also followed him to the terrace of the house. Bahadur Singh saw accused Jaswinder Singh urinating from the terrace of his house facing the terrace of Bahadur Singh's house. Bahadur Singh admonished accused Jaswinder Singh for such an act of urination. Accused Jaswinder Singh went downstairs of his house. Soon he emerged with an axe alongwith co-accused Pala and Kuldeep Singh @ Jeeti and gave a blow with his axe on the head of Bahadur Singh who fell down and died within few minutes. All the accused escaped from the scene of crime. PW5 Dr.Ajay Kumar conducted post mortem examination on the dead body of Bahadur Singh on 19.6.2006. He has observed in the post mortem report (Ex.PE) that lacerated wound measuring 7.5 x 1.5 x 1.5 cm was found on the left parietal region of Bahadur Singh. The injury was bone deep and the underlying bones were fractured into multiple pieces. On dissection, he found subdural haematome of the size of 6 cm x 5 cm. As per the opinion of PW5, Bahadur Singh died due to neurogenic and haemorrhagic shock on account of the above injury which was found to be ante mortem in nature. The said injury was also sufficient to cause his death in the ordinary course of nature. PW11 ASI Gurmeet Singh having investigated the entire case laid final report as against all the accused.
(3.) Accused Jaswinder Singh in his statement under Section 313 Cr.P.C. has taken up a stand that he had not caused any injury with kulhari. There was no occurrence wherein he happened to pass urine from the terrace of his house. The prosecution has projected a false recovery of kulhari from him. A false case was foisted on him due to previous enmity, he further contended.;