- (1.) The prosecution story is as under:- P.W.-4 Lakhwinder Singh and his brother Mukhtiar Singh (deceased) were cultivating their land holding in village Rooriwala while their brothers, Devinder Singh'(P.W.-5) and Harjit Singh, were serving in the Indian Army. Some days prior to July 30, 1994, Devinder Singh aforesaid had came on leave. Lakhwinder Singh was to take his turn of canal water during the night inter- vening, 29/30.7.1994. for which he and his brother went to their tube-well to irrigate 11 killas of land which they had taken on lease from the Gram Panchayat. The electricity supply was connected at 10.30. P.M. on which Devinder Singh and Lakhwinder Singh went over to inspect the irrigation. At about 2.30 A.M. (on July 30, 1994) the three accused. Hira Singh, Sadhu Singh and Kuldip Singh came to the tube-well where Mukhtiar Singh lay asleep on a cot. Accused Hira Singh caught hold of Mukhtiar Singh's hair, accused Kuldeep Singh @ Lal Singh legs, whereas Sadhu Singh gave several blow to him with a Kirpan. The incident was seen by Lakhwinder Singh and Devinder Singh from a short distance. After killing Mukhtiar Singh, the three accused ran away from the spot. The motive for the offence was that some days before the incident, Rimpi, Mukhtiar Singh's cousin, had been molested by Sadhu Singh, and Mukhtiar Singh had reprimanded him for his conduct and it was to avenge this perceived insult that the murder had been committed. Lakhwinder Singh and Devinder Singh remained near the dead body but early in the morning. Lakhwinder Singh left for the village and then for Police Station, Harike and got recorded the F.I R. at 11.15 A.M. The special report was delivered to the Illaqa Magistrate at Patti at 2.20 P.M. On the completion of the investigation, accused Sadhu Singh and Hira Singh were challaned for having committed the murder whereas Kuldip Singh alias Lalu was found to be innocent and his name w as shown in Column No .2 of the challan. A charge under Section 302/34 of the Indian Penal Code was framed against Sadhu Singh and Hira Singh accused but on an application made under Section 319 of the Code of Criminal Procedure. Kuldip Singh too was summoned to face trial amid was charged for the same offence. The accused pleaded not guilty and were brought to trial.
(2.) In support of its case, the prosecution examined P.W.-2 Dr. Kashmir Singh, who had conducted the post-mortem examination on the dead body and had found 8 injuries on, P.W.s. 4 and 5 Lakhwinder Singh and Devinder Singh, the two eye-witnesses and the brothers of the deceased; and PW-6 S.I. Lakhvir Singh, who deposed with regard to the manner in which the F.I.R. had been recorded and stated that he had taken into possession carious items from the place of incident, including sonic hair, Which were found in the hands of the deceased and noted the same in the inquest report and had also sent the hair so recovered for analysis to the Forensic Science Laboratory alongwith the sample of hair taken from Sadhu Singh accused.
(3.) The prosecution case was then put to the accused and their statements recorded under Section 313 of the Code of Criminal Procedure. They denied the allegations and produced two witnesses in defence to prose the plea of albi of Kuldip Singh.;