S.D BAJAJ, J. - (1.) REAL brother of the deceased name Attar Singh reported to S.I./S.H.O. Nafe Singh of Police Station, Nissing at Pucca Khera Bus Stand around 2.00 P.M. on 18th August, 1986 that his younger brother Kidar Singh (now deceased) was called from his house in village Anchla at 4.00 P.M. on the previous day viz 17th August, 1986 by Satnam Singh accused and his nephew (of accused Satnam Singh) named Avtar Singh alias Tari and all the three left the house together saying that they were going to the fields. Kidar Singh did not get back home till 11.00 A.M. on 18th August, 1986 when his elder brother Attar Singh, author of the First Information Report and his uncle in brother/hood named Maha Singh together started searching for him. Ex-Sarpanch Multan Singh and Om Parkash son of Kala Ram, both Gujjars; who met the search party on the way told them that on the previous evening they had seen Satnam Singh, Avtar Singh and Kalu beating Kidar Singh near the dera of Fauja Singh, father of Satnam Singh accused. Both the persons searching for Kidar Singh then came to the dera of Fauja Singh and found Kidar Singh lying dead therein on a cot. There were injuries on the face and forehead of the deceased, blood had oozed out from the penis and froth had come out of the mouth. The motive for killing mentioned by Attar Singh to the police was that sale price of the he-buffalo allegedly sold by Kidar Singh to Satnam Singh was yet payable by accused to the deceased and, therefore, to avoid making this payment the three accused had in pursuance of their common intention shared by them all, intentionally done Kidar Singh to death.
(2.) ON being charged with the commission of offence under section 302 read with section 34 of the Indian Penal Code for having intentionally caused the death of Kidar Singh deceased in pursuance of their common intention shared by them all the three, the three accused pleaded 'not guilty, thereto and claimed to be tried. Vide its impugned judgment dated 24th February, 1988 learned trial court convicted all the three accused of the commission of the offence under Section 302 read with section 34 of the Indian Penal Code and sentenced everyone of them separately to undergo imprisonment for life for their individual conviction aforesaid. Feeling aggrieved therefrom, all the three accused have jointly filed Criminal Appeal No. 105-DB of 1988 in this Court. We have heard Shri P.S. Mann, Sr. Advocate, with Shri J. S. Dhillon, Advocate, for the three appellants; Shri S.V. Rathee, Advocate, for the State, and have carefully gone through the entire evidence on record.
(3.) AUTHOR of the First Information Report and elder brother of the deceased named Attar Singh PW 2 states :- "I am a cultivator residing at village Anchla. We were 3 brothers. I am the eldest. The names of the remaining 2 brothers are Kidar Singh deceased and Jagdish. Kidar was about 35 years old and he was unmarried. Village Bansa, again said revenue estate of village Bansa adjoins the revenue estate of our village Anchla and two revenue estates are separated by a drain. We have about 4 killas of land, situated in revenue estate Anchla along the drain. This land used to be cultivated by Kidara deceased. Dera of Fauja Singh who is the father of Satnam Singh accused, is situated at a distance of about I killa from the said drain, in revenue estate Bansa. Fauja Singh had got some agricultural land at his Dera. Due to the situation of our land and dera of Fauja Singh, there was much love and affection between Satnam accused and my brother Kidara. They used to meet quite often and drink also. Avtar Singh accused is the son of the real sister of Satnam accused. As far as I know Didar @ Kalu is the grandson (daughter's son) of Fauja Singh but I am not very certain. Didar Singh @ Kalu is a resident of village Bansa whereas the remaining 2 accused used to reside at the said dera of Fauja Singh. Kidar Singh, about 3 months prior to the occurrence had sold at he buffalo (Jhota) to Satnam Singh for Rs. 1100/- This money had not been paid by Satnam to Kidar. About more than 6 months back, it was about 4 P.M., when Satnam and Avtar Singh accused, had come to the house of Kidara. At that time, I was present at my own house. These two houses are situated absolutely adjacent to each other. Reaching the house of Kidara, Satnam and Avtar accused had, asked him (Kidara) to accompany them to their dera, to which Kidara had agreed and accompanied them. During that night, kidara had not come back to his house. The next day after waiting for Kidara, I along with Maha Singh, who is my collateral uncle, started searching Kidara at about 11 A.M./11.15 A.M. On the way, Multan Sarpanch and Om Parkash PW had met us. We told them about the missing of Kidara, at which they told us that they had heard a noise and at about 8 P.M./8.15 P. M. at the dera of Satnam Singh. They had further told us that hearing the noise, both of them had gone to the said dera running; that it was a moonlit night and we should go to the said dera for further information. They had also told us that they had heard the cries of Kidara and had also seen him (Kidara) being beaten by Satnam, Didar, Kalu and Avtar Singh accused. At this, I and Maha Singh reached said Dera. But anybody was not seen. We went inside the dera and saw the dead body of Kidara lying on a cot in a room. Deputing Maha Singh there, I was going to the police station but the police party met me near Pacca Khera crossing, where I made my statement Ex. PE." PW 5 Maha Singh Corroborates the version brought on record by Attar Singh PW 2 in all material particulars. ;