- (1.) Both these appeals are preferred against the common judgment, one having been preferred by the State of Haryana and another by complainant Hazara Singh, the son of the deceased. These two appeals have been directed against the reversing judgment of the High court of Punjab and Haryana rendered in Cri. A. No. 265-DB of 1984 decided on 12/10/1984 whereby the judgment of the Sessions Judge, Kamal in Sessions Case No. 6 of 1984 convicting the respondents under Section 302 read with Section 34 Indian Penal Code. sentenced to undergo life imprisonment and respondent Ranjit Singh also under Section 27 of the Arms Act to undergo rigorous imprisonment for six months, both the sentences to run concurrently, has been set aside.
(2.) The prosecution case was that the deceased Ran Singh had taken two trolleys of paddy for sale to the grain market. Kamal on 25/10/1983 along with his son Hazara Singh, Public Witness 2 and one Sukha Singh. Public Witness 3. Since one of the trolleys could not be unloaded for want of space in the market area and, therefore, all the three had to stay for the night at Shop No. 18 of Ajit Singh, a commission agent. It is said that during the intervening night of 25/10/19833 and 26/10/1983 at about 12.30 a. m. the accused/respondent 2 Baldev Singh came to Shop No. 18 to find out whether the trolley of Dalbir Singh had reached there or not. The deceased Ran Singh, his son Hazara Singh, Public Witness 2 and Sukha Singh, Public Witness 3 who were staying in the said Shop No. 18 came out of the shop later, to keep an eye on the unloaded trolley standing outside. According to the prosecution, at that point of time the three accused respondents, namely, Jinder Singh, respondent 1 armed with a lathi, Baldev Singh, Respondent 2 with a parna and Ranjit Singh, Respondent 3 armed with a gun of his father emerged from behind the heap of bags stacked there. Respondent Baldev Singh caught hold of Ran Singh while the other two respondents opened an assault with lathi and the butt of the gun. Respondent Jinder Singh also smashed a bottle on the head of the deceased and when the victim fell down, the accused respondent Baldev Singh wrapped the puma around the neck of the victim and dragged him to some distance. Ran Singhsuccumbed to his injuries on the spot. Hazara Singh, Public Witness 2 the son of the deceased went to the Police Station, City Kamal leaving Sukha Singh, Public Witness 3 and commission agent Ajit Singh to watch the dead body.
(3.) Hazara Singh, Public Witness 2 reached the police station at about 1. 00 a. m. where he lodged the FIR Ext. PB with the Inspector Balwant Singh, Public Witness 6. Inspector Baldev Singh sent the police constable to ilaqa Magistrate with the special report at about 1.30 p. m. and then reached the place of occurrence and prepared the inquest report Ext. PA/i. He also prepared the site plan of the place of occurrence Ext. PD. The police inspector seized bloodstained earth from the phad, bloodstained parali, broken bottle pieces, broken neck of the bottle with a tin cork and turban etc. from the place of occurrence and on a disclosure statement made by the accused respondents gun and cartridges, etc. , were also seized. On a search being made the accused respondents were not traceable. They were, however, apprehended later on 29/10/1983.;