Decided on November 30,1950

Nazar Singh And Anr. Appellant
THE STATE Respondents


Teja Singh, C.J. - (1.) NAZAR Singh & his brother, Gajjan Singh were tried by the Ses. J., Bhatinda on the charges of murder, lurking house trespass, wrongful confinement & causing simple hurts with a sharp -edged weapon. The learned Ses. J. convicted them under Sections 304, Part I, 458 and 324, Penal Code and sentenced each of them to 10 years R.I. on count 1, 2 years' R.I. on count 2 & 1 years' R.I. under count 3. Gajjan Singh who had also been charged with illicit possession of a spear was convicted under Section 19, Indian Arms Act & was sentenced to 4 months R.I. All these sentences were ordered to run concurrently. The convicts have preferred separate appeal from jail against their convictions and sentences while the State has made an appln. for revn. for the enhancement of the sentences awarded to both the convicts under Section 304, Part I. The appeals as well as the revn. Ptn., will be disposed of by one order.
(2.) THE facts of the case are very simple. Nazar Singh applt. who was also called Bhuria was married to Mt. Bibi daughter of Arjan Singh of village Bachak about 12 years ago. It appear that differences arose either between the husband & the wife or between the husband & the parents of the wife at a very early stage, with the result that Mt. Bibi did not visit Bhuria's house except once and Bhuria did not care to send for her later on. In course of time Mt. Bibi got married to Anr. person and gave birth to a female child. The occurrence is alleged to have taken place on the night between 6th & 7th sawan 2006 samvat. Mt. Bibi had gone to her parents' house & we are told that she was sleeping in the court yard along with her mother Mt. Santi & younger sister Mt. Kartaro. Gurdial Singh, Mt. Bibi's brother & Mota Singh, her uncle, were sleeping on the roof of house. The prosecution version is that both the applts. came to the house sometime after midnight & tried to take away Mt. Bibi by force. Her outcries awoke Mt. Santi & Kartaro as well as Gurdial Singh & Mota Singh. Because of the noise made by these persons the applts. did not succeed in their mission & so they both attacked Mt. Bibi & hit her on the head. The eye -witnesses deposed that Bhuria was armed with a gandasa & Gajjan Singh with a spear & both of them used their weapons. Mt. Santi & Kartaro came to Mt. Bibi's rescue & they also received injuries at the hands of the culprits. By the time Gurdial Singh & Mota Singh came down the culprits had left the place. They were pursued but when they had gone some distance Bhuria was beard urging his companion to fire at their pursuers. Terrified at this Gurdial Singh & Mota Singh returned to their house. Mt. Bibi had evidently expired by that time & after Gurdial Singh had attended upon Mt. Santi & Kartaro & had spoken to Mota Singh & some other persons of the village to organise a pursuit party & run after the accused, he proceeded to the Polios Station for the report. The distance between the village & the Police Station is 13 miles & the time of the first information report recorded by Gurdial Singh is given as 10 A.M. The prosecution story proceeds that Mota Singh with the help of a number of residents of the village chased Bhuria and Gajjan Singh & overtook them near village Raike. That place is about 5 miles from Bachak & about 4 miles from the village of the applts. On seeing them the accused made an effort to run away & when overtaken they offered obstruction. The pursuit party, however, proved to be too strong for them & they were both apprehended after some struggle & exchange of injuries. Bhuria was even fired at by one of the members of the pursuit party & received a few gunshot wounds. According to the evidence of the Doctor who conducted the post mortem examination on Mt. Bibi's dead body, she had two incised wounds & 16 abrasions. Both the incised wounds were on the head, one 5 1/2" x 1/4" running from front backwards just above the right ear & the other 3 1/2" x 1/2" above the first wound & parallel to it. These injuries had resulted in the fracture of the right parietal, frontal & temporal bones & the cutting of the small membranes & brain. The Doctor's opinion was that each of the injuries was sufficient individually to cause death in the ordinary course of nature. Mt. Santi had five incised wounds spread on different parts of the body. They were all simple. Mt. Kartaro had only one incised wound somewhat slight, but bone deep, on the lower part of the left side of the back. Indar Singh & Maghar Singh who claimed to have been injured in the course of the struggle with the accused at the time they were apprehended had respectively two incised wounds & an abrasion. The injuries of Bhuria consisted of two incised wounds, 30 gun -shot wounds scattered in an area of 8" x 6" on the right side of the chest, a punctured wound on the front side of the lower side of the chest & a few contusion marks behind the left shoulder. Gajjan Singh had multiple contusion marks of different sizes on the left leg.
(3.) THE applts. denied their guilt. They also denied that they went to the house of Mt. Bibi's parents with the intention of abducting her or that they were pursued & apprehended in the manner alleged. As regards the injuries found on their respective persons, Bhuria's explanation was that he was caught hold of while he was going along on a road & assaulted. Gajjan Singh stated that he was apprehended in his village. His brother had already been arrested & when he saw him being beaten he wanted to help him & consequently he was also be laboured.;

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