A.P.CHOWDHRI, J. - (1.) BHOLA Singh (18) has been convicted under Section 302 of the Indian Penal Code. His father Sadhu Singh (45) has been convicted under Section 302 with the aid of Section 34 for the murder of Bal Singh. Both have been sentenced to life imprisonment and a fine of Rs. 1,000/- each in default of payment of fine, they have been sentenced to three months rigorous imprisonment. The above named appellants have further been convicted under section 452 of the Indian Penal Code and sentenced to one year's rigorous imprisonment and a fine of Rs. 300/- each; in default of payment of fine, they have been further sentenced to rigorous imprisonment for one month. The sentences have been made to run concurrently.
(2.) ACCORDING to the prosecution, Bal Singh deceased was a confirmed bachelor. He was living with his real nephews, being sons of his brother Harchand Singh who died about 20 years back. On 19-12-1985 at about 6.00 P.M. he found Bhola Singh appellant sitting outside his house and uttering obscenities in a drunken condition. He asked Bhola Singh as to why he was uttering filthy abuses in front of their house. Bhola Singh walked away uttering something. Bal Singh came inside the house and started splitting and emptying cotton pods sitting on a cot. His two nephews, Surjit Singh alias Lilu (PW4) and Malkiat Singh (PW5) were warming themselves near the hearth situated in the courtyard. At about 6.30 P.M. Bhola Singh appellant along with his father Sadhu Singh came. Bhola Singh was armed with a Gandasa and his father Sadhu Singh was carrying a Lathi. The accused entered the house of Bal Singh Sadhu Singh asked Bal Singh as to why he had chided his son while the latter was going in the street. Sadhu Singh then gave a blow with his Lathi on the right wrist of Bal Singh. Surjit Singh PW4 and Malkiat Singh (PW5) raised alarm. Bhola Singh appellant however gave Gandasa blow on the forehead of Bal Singh from the reverse side. Bal Singh fell down from the cot. Both appellants, however, ran away with their respective weapons. Bal Singh became unconscious Surjit Singh (PW4) with the help of Malkiat Singh (PW5) removed the injured to the Civil Hospital at Rampura Phul by a camel driven cart. Dr. R.N. Singla (PW1) Medical Officer examined the injured and prepared medico legal report Exh. PA. In the medico legal report, Dr. Singla noted that the injured was brought to the hospital at 10.00 P.M and he was accompanied by Lilu, nephew of the injured. He found two injuries on the forehead and right wrist having been caused by a blunt weapon within six hours. He sent a Ruqa to the police. ASI Hardev Singh (PW6) came to the hospital. The injured succumbed to his injuries at 11.20 P.M. ASI Hardev Singh recorded statement of Surjit Singh alias Lilu at 1.30 A.M. and forwarded the same to Police Station for registration of a case. Formal FIR was entered at 2.10 A.M. and a special report was delivered to the Judicial Magistrate at 4.00 A.M on the night between 19th and 20th December 1985. ASI Hardev Singh (PW6) inspected the spot, collected blood stained earth from point 'A' shown in the site plan, Exh. PH from inside the court-yard of the house of Bal Singh and his nephews. He also took into possession some cotton pods which were apparently stained with blood, made the same into sealed parcels and sent them to the Forensic Science Laboratory where the cotton pods as well as the earth was found stained with human blood vide report, Exh. PH.
(3.) THE accused were arrested. On interrogation blood stained Gandasa was recovered at the instance of Bhola Singh which was sealed and on examination by the Forensic Science Laboratory it was found to be stained with human blood.;