P.C.JAIN, J. - (1.) THE accused was tried and convicted for offence under Section 302, IPC and was sentenced to undergo life imprisonment and to pay a fine of Rs. 1000/ -, in default of payment whereof to further undergo rigorous imprisonment for three months.
(2.) THE prosecution case, briefly stated, is that on 29.12.1991 at about 7.00 PM the accused and Nanu came to his house and purchased illicit liquor from his son Kalu Ram (deceased) and went away. They, however, returned back at about 9.00 PM to Kalu Ram. Bhanwar Singh (accused) complained to his son Kalu Ram that the latter had not returned Rs. 5/ - to the former. Kalu Ram explained that he had supplied liquor of the amount given by the accused. This led to quarrel between Bhanwar Singh and Kalu Ram and thereafter Bhanwar Singh and Kalu Ram grappled with each other. The accused Bhanwar Singh then took out a knife from his pocket of pent and plunged it into the chest of Kalu Ram. As a result of that injury, Kalu Ram died. After usual investigation the accused appellant was charged for offence under Section 302, IPC alongwith another accused Nanu. Before the learned Sessions Judge the accused pleaded not guilty and claimed to be tried. After trial, the learned Sessions Judge held the accused guilty of the offence and convicted and sentenced him, as above.
(3.) WE have heard the learned Counsel for the accused - appellant as well as learned Public Prosecutor.;