1. Having heard learned counsel for the parties, for the facts noted
hereinafter followed by the reasons, it is apparent that the learned Trial
Judge has grossly erred in overlooking clinical features of the evidence
which warrants the conviction of the appellant to be converted from having
committed an offence punishable under Section 302 IPC to one under
Section 304-II, IPC.
2. We believe the presence of Dhan Singh PW-7 and Vijay Pal PW-6 at
the place where Jagdish (the deceased) was fatally injured.
3. Dhan Singh is the informant and his statement recorded soon after the
incident shows that he along with his cousin Vijay Pal and Jagdish, who
were real brothers, were going to meet one Gandhi Ram at around 1.45
P.M. on March 11, 1990, the day when the festival of Holi was being
Crl.A.No.509/2000 Page 1 of 4
celebrated and as they reached Gupta Store at Aliganj, Kotla they some
boys playing holi and smearing cow dung and on this issue Dhan Singh,
Vijay Pal and the deceased had an arguments with the boy. Two boys who
were celebrating holi in a rowdy manner suddenly took out knives and
stabbed Jagdish on his chest, stomach and arm and thereafter the boys fled.
Passers-by told them that the offenders were Rajesh – the appellant; and
Raju who has since died and appeal filed by him disposed of as abated.
Source: Indian Kanoon