MEHTAB S.GILL, J. - (1.) This is an appeal against the judgment/order dated January 6, 1999 passed by the Sessions Judge, Faridkot convicting and sentencing accused/appellants under Section 302 read with Sections 148 and 149 of the Indian Penal Code.
(2.) Chand Singh son of Baggar Singh, Jat Sikh, resident of village Kokri Heran went to Police Station Mehna and gave his statement to Sukhmandar Singh, Assistant Sub Inspector on January 31, 1995 at 5.25 P.M., who endorsed it in Daily Diary Report registered at Rapat No. 17. Chand Singh stated that they are three brothers. One of the brothers, namely. Tara Singh resides in Gaushala in village Chugawan. The other brother is Harnek Singh. Chand Singh and Harnek Singh lived together in village Kokri Heran. Harnek Singh is insane and keeps moving around and resides some time with his relatives and some time with saints. He further stated that on January 29, 1995, he was present in his house along with his nephew Malkiat Singh son of Harnek Singh. Malkiat Singh told his mother Baldev Kaur and Chand Singh that at the time of putting green fodder to the buffalo, he had got hit and injured in his flank and that he is going to the village to get medicines. It was about 5-6 p.m. that Malkiat Singh did not return. They got worried and enquired from his Massi, namely, Jaspal Kaur wife of Nachhattar Singh, resident of village Heran and from other places, but could not locate Malkiat Singh. Malkiat Singh sometimes took wine. He further stated that on January 31, 1995 Bikkar Singh son of Bhan Singh, resident of village Kokri Heran along with Ajaib Singh, Sarpanch, told them that there is a dead body lying in the tubewell of Bikkar Singh. They went there, saw and identified it to be the dead body of Malkiat Singh. Bikkar Singh and Gurdeve Singh, Member Panchayat, were left near the tubewell and they, i.e., Chand Singh, Baldev Kaur alias Jeeto wife of Harnek Singh, the mother of deceased Malkiat Singh, and Ajaib Singh, Sarpanch came to lodge the report. It is further stated in the Daily Diary Report that the complainant attested it after admitting its correctness. Shamsher Singh, Assistant Sub Inspector then got Daily Diary Report signed by Ajaib Singh, Sarpanch and Smt. Baldev Kaur.
(3.) After recording of Daily Diary Report, Shamsher Singh, Assistant Sub Inspector along with Har Pal Singh, Head Constable, Jagjit Singh LC, Jagtar Singh LC and Chand Singh left for village Kokri Heran for conducting proceedings under Section 174 of the Code of Criminal Procedure. Vide document, Exhibit DB, which is Daily Diary Report No. 19 dated January 31, 1995, it is stated that Shamsher Singh, Assistant Sub Inspector returned to the Police Station after conducting proceedings under Section 174 of the Code of Criminal Procedure relating to the dead body of Malkiat Singh son of Harnek Singh, Jat Sikh, resident of village Kokri Heran. He arranged for a tractor trolley and sent the dead body with the relevant papers, which were handed over to Jagjit Singh LC, who was accompanied by Jagtar Singh LC.The dead body was sent to Civil Hospital, Moga, for conducting post-mortem examination.;