R.BANUMATHI, J. - (1.) These appeals arise out of the judgment dated 17.12.2012 passed by the High Court of Punjab and Haryana at Chandigarh in CRA No.1176 DB of 2010 and CRA No.1222 DB of 2010 in and by which the High Court affirmed the conviction of the appellants under Section 302 IPC read with Section 34 IPC and sentence passed by the trial Court.
(2.) Case of the prosecution is that Sukhwinder Singh (PW-6) is the son of deceased Harbhajan Singh. Satnam Singh who is the younger brother of deceased Harbhajan Singh is residing separately in the village and other two younger brothers of Harbhajan Singh have gone to Italy. The land falling to other brothers' share is being cultivated by Satnam Singh; but they desired that their land should be cultivated by Harbhajan Singh. For amicable settlement, the matter went to the Panchayat several times; but could not be solved. Few days prior to the occurrence, dog of Satnam Singh went missing, who blamed the family of Harbhajan Singh for missing of the said dog. On 02.11.2007 at about 04.00 p.m., both families gathered to discuss the issue regarding the land and missing of dog. Complainant-Sukhwinder Singh, deceased Harbhajan Singh, his uncle Satnam Singh, Gurwinder Singh alias Sonu son of Satnam Singh and other villagers namely Sandeep Singh, Makhan Singh also participated in the said gathering, which took place on the tubewell situated near village Dasupur. During discussion for settlement, there was exchange of hot words and the appellants Satnam Singh and Gurwinder Singh gave fist and kick blows to them. Satnam Singh also raised 'Lalkara' to catch hold Harbhajan Singh to teach him a lesson for partitioning the land. In the meanwhile, appellant Gurwinder Singh brought an axe from the room near the tubewell and Satnam Singh held Harbhajan Singh from the arms. Gurwinder Singh gave axe blow to Harbhajan Singh which hit him on his head and Harbhajan Singh became soiled with blood.
(3.) The complainant-Sukhwinder Singh took his father to Civil Hospital, Kartarpur. After the first aid, Harbhajan Singh was referred to Joshi Hospital, Jalandhar where he was admitted for further treatment. Even after the incident, since the talk for compromise was going on, no complaint was lodged about the incident. Since the matter could not be settled, Sukhwinder Singh lodged the complaint on 07.11.2007, based on which FIR No.178 of 2007 was registered under Section 307 IPC read with Section 34 IPC. Initial investigation was taken up by the investigating officer. Harbhajan Singh succumbed to injuries on 01.12.2007 and the case was altered into Section 302 IPC read with Section 34 IPC. Dr. M.B. Bali, Medical Officer (PW-1) conducted the autopsy on the dead body of Harbhajan Singh. Further investigation was completed and charge sheet was filed against the appellants/accused persons under Section 302 IPC read with Section 34 IPC.;