S.D. Anand, J. - (1.) APPELLANT was convicted by the learned Trial Judge on 7.1.1999 for an offence under Section 302 IPC and was directed to undergo imprisonment for life and to pay a fine of Rs. 5000/ -. The appellant was to undergo further rigorous imprisonment for a period of two years in case he did not pay off the fine.
(2.) THE prosecution allegations were as under: Pirthi Singh, deceased was husband of Sukhwant Kaur. Both his legs were polio stricken. On that account, he could not stand on his own feet and would always move around on a tricycle. The couple had a male child aged about one year. Appellant Karnail Singh alias Kaila a Barber by profession, was living in the immediate vicinity of the house of Pirthi Singh. Appellate used to render services to Pirthi Singh by trimming his beard and also by giving him hair cut and colouring his hair. Of course , he would render those services for consideration. At times, the appellant would also obtain certain amount from Pirthi Singh on loan. On 26.1.1997, the appellant demanded a loan of Rs. 20/ - from Pirthi Singh. For want of funds, Pirthi Singh could not oblige him. The appellant left the house of Pirthi Singh while murmuring something which was not audible. At the time of raising of demand for loan and refusal thereof by Pirthi Singh and also at the time the former left the house in rage, PW 2 Sukhwant Kaur was available in the house.
(3.) SOMETIME thereafter, Pirthi Singh went out of the house over to a vacant place belonging to one Bagicha Singh. That place is otherwise in front of the house of Pirthi Singh. Darshan Singh son of Balbir Singh, Bhina Singh alias Bhupinder Singh son of Sher Singh were available over there and Prithi Singh entered into a conversation with them. In the meantime, Gurdip Singh younger brother of Pirthi Singh also came over there. Sukhwant Kaur went over to the door of her house and gave a call to Pirthi Singh to look after the child who was crying in order to enable her to look after the household chores. At that very point of time, appellant came over there while he was carrying a Gandasa. He gave Gandasa blows on the right cheek and left side of the head of Pirthi Singh. The first blow was given while the appellant was standing on the back of Pirthi Singh. Apart therefrom, the appellant also gave Gandasa blow to Pirthi Singh on the back of his head. Yet another Gandasa blow from sharp side was also given by the appellant to Pirthi Singh. Before proceeding to give the Ganda blows aforementioned, the appellant was heard declaring that his request for a loan had been declined by Pirthi Singh. The blows felled Pirthi Singh of the tricycle. While leaving Gurdip Singh at the spot for purposes of sending information to the Sarpanch, Sukhwant Kaur and Jagdev Singh transported Pirthi Singh to Civil Hospital, Malout, in a jeep which was arranged by them. However, Pirthi Singh succumbed to the injuries while at the gate of the hospital.;