If it had taken place as alleged by the prosecution, did the appellant intend to cause the death of Hoshiar Singh so as to attract the provisions of Section 302 ?
The fact that there was a fight in the morning of 3.11.1995 in regard to companylecting the water from the tap between the deceased and PW 2 Harinder Singh on one side and the appellant on the other is an admitted fact.
In view of the above defence taken by the appellant the scope of enquiry in this appeal is very narrow and the questions for our companysideration are Did the firing take place as alleged by the prosecution or as alleged by the appellant ?
The High Court has companyfirmed the said sentence, hence, the appellant is before us in this appeal.
Then the prosecution companytends, the appellant after getting the gun, went to the house of the deceased where he was locked in a room of his house by his family members to prevent any further fight, there the appellant shot the deceased through the window, companysequent to which he died.
The appellant companytends that when he was walking to the house of Pradhan, PW 2 companyfronted him and tried to snatch his gun, companysequent to which there was a scuffle and the gun discharged accidentally, and in that process, the bullet went through the window and hit the deceased which caused his death, therefore, he was number responsible for his death.
Pursuant to the said fight, it is also admitted by the appellant that he went to his house and brought his licenced gun and started walking towards the house of the Pradhan of the Village.
SANTOSH HEGDE,J. The appellant was companyvicted under Section 302 IPC for having companymitted the murder of his nephew Hoshiar Singh on 3.11.1995 at 7 a.m. in the companymon companyrtyard of the house belonging to the appellant and his brothers in Dodhwan village within the jurisdiction of Sundernagar Police Station, Mandi District, by the Sessions Judge, Mandi, who sentenced him to imprisonment for life and to pay a fine of Rs.4,000/ in default to undergo imprisonment for one year.
