S.D.BAJAJ, J. - (1.) ON arrival back home in village Majowal from the fields of his employer Jagir Singh, Surat Singh (now deceased) saw his wife accused Hardev Kaur lying down with his nephew Nahar Singh co-accused in a compromising position around 1.00 A.M. on 29th June, 1987 and abused them both. As usual around 9.00 P. M. on 30th June, 1987 Surat Singh aforesaid went to the tubewell of his employer for sleeping thereat. On the following morning around 4.30 A.M. on 1st July, 1987 his son Raj Singh PW 2 who is also the author of the First Information Report was taking tea for his father to the tubewell of Jagir Singh. On the way he met Ajaib Singh P.W. 3; who was going to his neighbouring tube-well for starting the motor. When both of them were one killa behind the land of Jagir Singh they saw accused Hardev Kaur holding the arms of Surat Singh and her co-accused Nahar Singh giving 'sota' blows to Surat Singh on his head. Both of them raised an alarm whereupon the two accused ran away and the two witnesses on arrival at the place of occurrence found the victim Surat Singh lying dead.
(2.) ON being charged with the commission of the offence under Section 302 of Indian Penal Code accused Nahar Singh and for the charge under Section 302 read with section 34 of the Indian Penal Code co-accused Hardev Kaur both pleaded not guilty thereto and claimed to be tried. Vide its impugned judgment dated 16th December, 1987 learned trial court convicted accused Nahar Singh of the commission of the offence under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay Rs. 500/- as fine. In default of payment of fine accused Nahar Singh was ordered to undergo rigorous imprisonment for a further period of six months. Co-accused Hardev Kaur was convicted. of the commission of the offence under Section 302 read with Section 34 of the Indian Penal Code and awarded life imprisonment for it. feeling aggrieved therefrom both the convicted accused have individually filed Criminal Appeal Nos. 90 DB of 1988 and 9I-DB of 1988 respectively in this Court. Since both the Criminal Appeals aforesaid are directed against the same impugned judgment dated 16th December, 1987 of the learned trial court, based on same evidence led against the two before it, both the appeals have been beard and are being disposed of together. We have heard Shri J. S. Dhillon, Advocate, for the appellants, Shri P. S. Kang, Advocate, for the State, and have carefully gone through the entire evidence on record.
(3.) PW 2 Raj Singh, author of the First Information Report, who is also the son of deceased states :- "Surat Singh deceased was my father. Hardev Kaur, accused, is my mother. Nahar Singh accused is the nephew of my father. Nahar Singh had come to reside with us 8 months before the occurrence. My mother developed illicit relations with Nahar Singh. Two days before the occurrence, they were seen lying together by my father. My father abused them and went to the tubewell of Jagir Singh. Nahar Singh and my mother also left the house. About five months back my father was lying on the tubewell of Jagir Singh. At about 5 30 A.M. I took tea for my father to the tubewell Ajaib Singh P.W. Siri of Sajjan Singh was going to the tubewell of Sajjan Singh and he joined me. The tubewell of Sajjan Singh is at a distance of one killa from the tubewell of Jagir Singh. When we were at a distance of one killa from the tubewell of Jangir Singh, I saw my mother holding the arms of my father and Nahar Singh giving sota blows on the head of my father. That was a Chapta Sota. We raised alarm at which the accused ran away towards the fields. We went to the tubewell and found my father lying dead." In cross-examination the witness states "The dead body was stiff but injuries were bleeding when we reached the spot. ASI Gurcharan Singh PW had a quarrel with Nahar Singh accused. Nahar Singh was afraid of Gurcharan Singh and used to avoid him". Ajaib Singh PW 3 asserts :- "About five months back, at about 4.30 A.M. I was going to the tubewell of Sajjan Singh, when Raj Singh met me. He was taking tea for his father, who was Siri of Jagir Singh. We were at a distance of one killa from the tubewell of Jagir Singh when we saw Nahar Singh causing injuries to Surta with a Chapta Sota. Hardev Kaur had pressed the deceased. The deceased was lying on the cot in front of the tubewell when he was caused injuries. We raised alarm at which, the accused ran away. We reached near the deceased and found that he had died." In cross-examination the witness states :- "We did not chase the accused. The siris are provides tea and meals by their employers. Raj Singh had brought tea from his own house as Surta was not feeling well. When we reached near the dead body it was lying stiff and blood had frozen. Hardev Kaur was sitting on the chest of the deceased. I did not hear any alarm raised by Surta". ;