Judgment

K. Jayachandra Reddy, J.

1. Original accused Nos. 1 to 4 are the appellants. They have been found guilty under Sections 302 read with 34 Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- in default of payment of which to suffer further R-I for one year. The appeal preferred by them was dismissed by the High Court.

2. The accused, the deceased Kesar Singh aged about 90 years and the material witnesses belong to village Minhala Jai Singh in District Amritsar. The appellants are the grandsons of the deceased. The deceased had eight Killas of land out of which he donated four Killas to the appellants and gave remaining four Killas on lease to them. The appellants were insisting that the deceased should make gift of the remaining four Killas also. Chanan Singh P.W. 2 was a distant relative of the deceased belonging to a different village and whenever the deceased used to come to that village for collecting the lease money, he used to stay with P.W. 2. On 30.1.1974 P.W. 2 was going to his house and when he reached near the well he saw all the appellants beating the deceased and two of them sitting on him while the deceased was lying down. P.W. 2 asked the appellants not to beat the deceased, but they threatened him. P.W. 2 did not go to the Police Station being afraid. On the following day he came to know that the deceased was being cremated. The P.W. 2 told P.W. 1 and his father about the occurrence. Then an FIR was given and the case was registered, inquest was held and the dead body was sent for post-mortem. In addition to the evidence of P.W. 2, the prosecution also relied on the evidence of P.W. 3 regarding the occurrence. Both the courts below have accepted their evidence.

3. Learned counsel for the appellants, however, submits that having regard to the medical evidence and also having regard to the fact that the accused did not use any weapon of offence, the offence committed by the appellants would not amount to murder. P.W. 4 the Doctor, who conducted the post-mortem, noticed four abrasions 2 x 1 cm each below the jaw, a reddish contusion on the neck and another four abrasions on the left side of penis and 12 small abrasion on the left side of scrotum. The Doctor opined that the death was due to asphyxia and shock as a result of injuries Nos. 1 to 4. The Doctor, however, did not find any internal injury. He deposed that the death could be due to injuries Nos 1 to 4 or as a result of all the injuries cumulatively. The deceased was aged about 90 years and the accused also had no strong motive and the accused did not use any weapon of offence and they appeared to have given a beating on various parts of the body of deceased. Under these circumstances it is difficult to hold that a clear case of murder is made out.

4. In the result the conviction of the appellants under Sections 302/34 and the sentence of imprisonment of life awarded thereunder are set aside. Instead each of them is convicted under Section 304 Part II, Indian Penal Code and sentenced to undergo five years' R.I. The sentence of fine alongwith default clause is confirmed. The appeal is partly allowed to the extent indicated above.

Appeal partly allowed.