Harjit Singh Bedi, J. - (1.) This appeal arises out of the following facts : Baldev Singh accused was the husband of Asha Rani (deceased), whereas the two eye-witnesses, Lakhwinder Singh (P.W-3) and Sanjeev Kumar (P.W-4) are the sons born to the couple. Lakhwinder Singh was working in a hotel at Zira belonging to his maternal uncle, whereas the accused was plying a rickshaw in the same town. At about 5.00 A.M. on September 13, 1993, Lakhwinder Singh P.W had returned home to change his clothes and found Baldev Singh, his father, standing in the Court yard, whereas his mother was lying on a cot inside the room. Baldev Singh then asked Asha Rani to make some tea, but she replied that as she was un-well, she was unable to do so. Baldev Singh then asked Lakhwinder Singh to make some tea, on which he went inside the room. In the meanwhile, Baldev Singh picked up a Tamba (a piece of wood) and gave several blows on Asha Rani's head, killing her instantaneously and then ran away from the spot. As the crime was being committed, Lakhwinder Singh raised a Raula, on which his younger brother Sanjeev Kumar and one Mohinder Kumar also saw the occurrence. Lakhwinder Singh then informed his maternal uncle and grand-father and they alongwith several other persons reached the place of incident. Leaving some persons to guard the dead body, Lakhwinder Singh went to Police Station, Zira and lodged the report which was recorded by SI Gurmel Singh (P.W-8) at about 6.30 A.M. SI Gurmel Singh then visited the place of occurrence and made the necessary enquiries and sent the dead body for post mortem examination. The accused was arrested on September 30, 1993 after he had surrendered in the Court of Shri Varinder Kumar (P.W-1), Judicial Magistrate 1st Class. On the completion of the investigation, the accused was charged for an offence punishable under Section 302 of the Indian Penal Code and as he pleaded not guilty, was brought to trial.
(2.) The prosecution in support of its case examined, inter alia, P.W-2 Dr. Rachhpal Singh, who had carried out the post-mortem examination on the dead body and had found six injuries on the head, several of them being fractures; the two eye witnesses PWs 3 and 4, Lakhwinder Singh and Sanjeev Kumar (aged 8 years), respectively, and P.W-8 SI Gurmel Singh, the Investigating Officer.
(3.) The prosecution case was then put to the accused and while admitting his relationship with the deceased as also the witnesses, he denied the allegations of murder.;