The main legal point established in the judgment is the distinction between murder and culpable homicide under the Indian Penal Code, considering the circumstances and intent of the accused.

Surya Kant, J.

1. Balkaran Singh, the appellant, who has been convicted and sentenced to undergo rigorous imprisonment for life under Section 302 IPC and to pay a fine of Rs. 1,000/- in default whereof to undergo further RI for three months and also having been sentenced to undergo RI for three years and to pay a fine of Rs. 250/- in default whereof to undergo further RI for one month under Section 27 of the Arms Act, by the learned Sessions Judge, Faridkot vide his judgment and order dated December 12, 1996, has filed this appeal against the said judgment and order.

2. The case as set up by the prosecution is that on 21.11.1995 at about 8.15 PM in the area of village Bhullar, P.S. Sadar Muktsar, the deceased Mukand Singh was sitting in the courtyard of his house along with his wife Harjinder Kaur the complainant, and his younger brother Jang Singh son of Bhag Singh. The electric bulb was aglow in the courtyard. The deceased started abusing his wife (complainant) and his elder brother Chand Singh as the latter was delaying the payment of some money owed to the deceased on account of apportionment of joint fodder cutting machine. The complainant advised her husband not to be harsh as his elder brother (Chand Singh) had promised to make the payment after selling the cotton crop. Meanwhile, their neighbour Balkaran Singh, appellant herein, who was carrying a licensed rifle of 315 bore came to his courtyard near the common wall and asked the deceased that there were sisters and daughters present in his house, so why was he (deceased) hurling abuses? At this, the husband of the complainant namely, Mukand Singh, replied that he was hurling invectives in his own house and who he (the appellant) was to stop him? At this, the appellant raised a lalkara by patting his chest and said that, "get ready, I am going to teach you a lesson for hurling abuses". The appellant thereafter fired a shot with his 315 bore licensed gun at the deceased which passed through his neck. The wife (complainant) and the younger brother of the deceased Jang Singh raised an alarm upon which the appellant fled away from his house along with the rifle. Meanwhile, Sher Singh son of Mehan Singh resident of the village also came and of them arranged a jeep and brought Mukand Singh to Civil Hospital, Muktsar where the doctors started giving him treatment but he died after some time. According to the complainant, "the cause of grouse was that her husband used to abuse her and their family members and the appellant used to prevent the deceased from calling bad names, the level of their common wall was low and that on the date of occurrence also, her husband was abusing her and other family members at their house which the appellant took ill and injured her husband by firing a shot at him which caused his death."

3. It is not disputed that the occurrence having been reported to the police, FIR No. 172 was registered at Police Station, Sadar Muktsar on the same day at 11.30 PM on the statement of Harjinder Kaur, wife of the deceased. The Special report sent to the Sub Divisional Judicial Magistrate, Muktsar was received by him at 2.10 AM on 22.11.1995.

4. Dr. M.L. Kakkar (PW1), SMO, Civil Hospital, Muktsar, before whom deceased Mukand Singh was brought at 9.10. PM on 21.11.1995 in a very serious condition and who expired at 9.20 PM in the hospital on the same night, also conducted the post-mortem examination on the dead body of Mukand Singh and found the following injury on the deceaseds body :

"1. Lacerated wound 15 cm x 8 cm involving whole of front and side of neck. Wound margins on left side were charred and inverted and on right side the margins were inverted. All soft tissues of front of neck were lacerated and blood vessels were exposed, larynx and hyoid were fractured. The trachea was intact and vertebral column was also intact. On dissection muscles were found lacerated, common carotid arteries were intact. Juglar on left side was injured, the trachea wa