KESAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) Hardev Singh was a resident of Derabassi. He was a teacher. He, along with Karam Chand, came to village Budhanpur to meet his father on 24.4.1988. There was a vacant land in front of their house which was in possession of Pala Ram and others. It was a Shamlat land. They were digging foundation. Ujjagar Singh, father of Hardev Singh, asked them to leave some passage for their house whereupon Pala Ram exhorted that the old man should be taught a lesson. Ujjagar Singh shouted for help. Appellant and Karam Chand, on hearing his shouts came out. They saw Kesar Singh giving a Kassi (Spade) blow from the reverse side on the head of Hardev Singh's father. He fell down. He was taken to primary health centre. He was referred to the General Hospital. However, on 30.4.1988, his condition having deteriorated, he was referred to Medical Sciences and Research, Chandigarh for treatment. He succumbed to his injuries on 1.5.1988.

(3.) Appellants were charged for commission of an offence under Section 302/34 of the Indian Penal Code. The learned Sessions Judge accepted the prosecution case. He, however, opined that no case under Section 302 of the Indian Penal Code was made out, stating : "I, however, find force in the contention of learned defence counsel that the case in hand does not fall within ambit of Section 302 of the Indian Penal Code. It is admitted case of the prosecution that the occurrence was not the result of pre- meditation. The accused were filling foundation on the shamlat-street which was objected to by the deceased. There was a sudden fight and heat of passion accused Kesar Singh gave kassi blow on the head of Ujjagar Singh on the exhortation of Pala Ram accused. It was a single blow and that too from the blunt side of the Kassi. The crime committed by the accused is culpable homicide not amounting to murder as envisaged by Section 300 (Exception-4) IPC, punishable under Section 304-I of the Indian Penal Code."