(1.)THERE lived one Nand Singh Sikh in the village Uttamsinghwala. He had had six sons, namely (1) Bhola Singh, (2) Gurdev Singh, (3) Darshan Singh, (4) Makhan singh, (5) Raja Singh and (6) Gurmej Singh. The accused Bhola Singh had been separated from the joint family. He was living in the northern portion of the family house, in the Chak Uttamsinghwala. The rest of the brothers were living with their parents in its southern part. The other accused Kor Singh is the son of the accused Bhola Singh's wife's sister. It is alleged by the prosecution that on July 21. 1967, at about noon, when the deceased Makhan Singh and Raja Singh were irrigating their agricultural land, their brother Bhola Singh blocked the water course and diverted water towards his own land. Makhan Singh objected to it and turned water towards his land on the rear side, with the result that water stopped from flowing into Bhola Singh's field. This enraged Bhola Singh. He hurriedly went to his house and returned to his field with a "barcha". His father Nand Singh, his mother Mst. Gurdayal Kaur, P. W. 2, and his uncle Hari Singh intervened. They stopped Bhola Singh from putting up fight with his brother. Both Raja Singh and Makhan Singh returned home, at about 2. 30 p. m. They after taking their evening meals, went to bed at about 8 p. m. Raja Singh, Gurmej singh and their mother Mst. Gurdayal Kaur slept on three cots, placed near each other, towards the door of the house. The deceased Makhan Singh and Darshan singh slept on their cots lying at a distance of nearly three "paundas" (15 ft.)away from the cot of their mother. The other ladies of the family, including the wife of the deceased Makhan Singh, Smt. Ranjeet Kaur and Smt. Sarjeet Kaur wife of Darshan Singh, slept in the court-yard of the family house. Bhola Singh's family was sleeping at his own dwelling place. During the night intervening 21st and 22nd July, 1967, Bhola Singh, along with kor Singh, passed near the cot of Raja Singh and then reached the place where makhan Singh and Darshan Singh were lying asleep. Bhola Singh fired his pistol at darshan Singh, hitting him on his chest. Kor Singh inflicted a "barcha" blow to makhan Singh's chest. Raja Singh, P. W. 1, and Mst. Gurdayal Kaur, P. W. 2, who were awoken, rushed up to the place where the murders were committed. Kor singh after piercing the spear in the chest of Makhan Singh took it out with force. In the course of this frenzied attempt Makhan Singh fell down from his cot. Raja singh and Mst. Gurdayal Kaur wanted to catch hold of the accused persons, but they were warned with impending danger. Their attempt, therefore, remained abortive. Raja Singh, and Mst. Gurdayal Kaur lifted Makhan Singh and put him on his cot. Soon after they saw Bhola Singh on the roof of his apartment. He intimidated Raja Singh and others with dire consequences from his' roof. After a short while Bhola Singh removed all his family members from his house. Makhan singh and Darshan Singh both died on the spot. On hearing an alarm Hari Singh, amar Singh, Sajjan Singh, Jeet Singh and other villagers arrived at the place after half an hour of the occurrence. Next day at about 6 or 7 a. m. Raja Singh went to the Police Station, hanumangarh, which is at a distance of nearly 16 miles from Uttamsinghwala chak and lodged First information report Ex. P. 1 at 9 a. m. The Station House Officer kishore Singh. P. W. 6, registered a case under Section 302, I. P. C. and then investigation followed. Soon after he reached the spot and found there the dead bodies of Darshan Singh and Makhan Singh. He got one twelve bore live cartridge at the place of the occurrence. It was duly sealed and seized by him. He prepared site plan Ex. P, 2, description memo of the site Ex. P. 2-A, inquest reports of the deceased Makhan Singh and Darshan Singh, Exs. P. 6 and P. 7 respectively, recovery memo of the live cartridge Ex. P. 10, recovery memo of "barcha" Ex. P. 16 and the recovery memo of the twelve bore country made pistol Ex. P. 17. Information given by the accused Kor Singh regarding the place where he had hidden the "barcha" was reduced into writing and is marked Ex. P. 20. Information pertaining to the recovery of the pistol was furnished by Bhola Singh. It was reduced into writing and is marked Ex. P. 21. Autopsy of the dead body of Darshan singh was conducted by Dr. Santlal, P. W. 3. He found the following injuries on his body:-1. A gun shot wound 1" in diameter with charring all around, going deep into chest on left side 21/2" below left nipple, 2. Walls of thorax lacerated on left side by gun shot. 3. Pleurae: Lacerated badly by gun shot on left side, 4, Left lung charred and burnt completely with gun shot. Dots found in its substance. 5. Pericardium: Lacerated badly by gun shot. 6. Heart charred and lacerated badly by gun shot. The cause of death, according to the Doctor, was shock and internal haemorrhage due to injuries caused to the vital organs with a firearm. Two gun shot bullets were found on the back of the deceased and they were handed over by the medical Officer in a sealed cover to the police. All these injuries were ante-mortem and were sufficient in the ordinary course of nature to cause death.
(2.)POST-MORTEM examination of the dead body of Makhan Singh was also performed bv the above Doctor. Following injuries were noticed on his person:--1. An incised wound 2"x 2" X going deep X abdominal cavity on right side of abdomen on front 13" below tip of right shoulder. 2. An incised wound 1/2" X 1/2" X going deep X abdominal cavity on right side of back 101/2" below tip of right shoulder. On opening the dead body the Doctor found the symptoms as under:-1. Abdominal walls:-- Lacerated by two injuries described above. 2. Peritoneum:-- Lacerated badly by sharp and penetrating weapon. 3. Small intestines lacerated at many spots by sharp and penetrating weapon. ' 4. Large intestines lacerated at many spots by sharp and penetrating weapon. 5. Liver:-- Lacerated right lobe wound of entry 2" X 2" and wound of exit 2"x 2" gall bladder. G. Kidneys:-- Right kidney lacerated at upper part. Wound of entry 2" X 2" and wound of exit 2" X 2". According to the Doctor these injuries were ante-mortem and were caused by a sharp and penetrating weapon. They were sufficient in the ordinary course of nature to cause death. The cause of his death, was shock and internal haemorrhage due to the injuries caused to the vital organs of his body.
(3.)ACCUSED Kor Singh was arrested by Kishore Singh, S. H. O. on July 25, 1967, at dhani Sher Singhwali. The accused Rhola Singh surrendered himself to the superintendent of Police, Ganganagar, on July 29, 1967. After the investigation was concluded, the police put up a charge-sheet against the two accused Bhola singh and Kor Singh under Section 302, I. P. C. , in the Court of Munsiff-Magistrate, Hanumangarh, who conducted committal proceedings in accordance with Section 207-A, Criminal P. C. , and committed the two accused to the Court of sessions Judge, Ganganagar, to take trial under Sections 302 and 302/34. I. P. C. Both the accused were charged, on February 5, 1968, under the said provisions of law, to which they pleaded not guilty and claimed to be tried. In support of its case the prosecution examined 6 witnesses. In their statements, recorded under Section 342, Criminal P. C. , they (accused) made total denial of the indictment. Accused Bhola Singh further stated that his mother and his brothers used to quarrel with his wife and, therefore, they became antagonistic to him. His father had had litigation with his uncle, who might have murdered his brother. His father and his father's brother falsely gave his name as they wanted to acquire his property. Kor Singh also made some additions in his statement. He said that Raja Singh and his wife had had enmity with bis mother's sister and therefore, they told a lie. In their defence the two accused examined 3 witnesses, jeet Singh, D. W. 1 Malu Ram, D. W. 2, and Ranbir Singh D. W. 3. Eventually learned Sessions Judge, Ganganagar, disbelieved the defence evidence and relied upon three eye witnesses, P. W. 1, Raja Singh, P. W. 2, Mst Gurdayal kaur, and P. W, 4, Mst. Sarjeet Kaur. He convicted Bhola Singh for murdering darshan Singh under Section 302. I. P. C. and sentenced him to death, and for murdering Makhan Singh, with common intention, under Section 302/34, I. P. C. , and sentenced him to imprisonment for life. The accused Kor Singh was convicted for murdering Makhan Singh under Section 302, I. P, C. , and was sentenced to imprisonment for life. He was further convicted for murdering Darshan Singh, with common intention, under Section 302/34, I. P. C. and sentenced him io imprisonment for life. The sentences were directed to run concurrently.