Chopra, J. - (1.) THE Appellant Zora Singh and his brors . Hazura Singh and Kapur Singh were tried by the Additional Sessions Judge, Faridkot, under Section 602/34, I. P. C, regarding the murder of their "first cousin Indar Singh. Hazura Singh and Kapurgh were given the benefit of doubt and acquit because Section 34, I. P. C, was not held to be applicable to the facts of the case and the blows as cribbed to them were not found to have corresponding marks of injury on the person of the deceased . Zora Singh who was alleged to have dealt the fatal blow by striking Indar Singh on the head with a gandasa was, however, convicted under Section 302, I. P. C, and sentenced to transposition for life.
(2.) THE facts of the case are very brief and Staple. The fields and so also the residential houses of the deceased and the Appellant adjoin one Anr. . On the fateful day, i.e., 30 -11 -1951 at about 1 P. M., Indar Singh deceased was cutting dry cotton sticks in his field known as Hlnduana' and his son Hakam Singh was grazing battle nearby. A cow strayed into the adjoining led of Zora Singh who got enraged and slapped lakam Singh. Indar Singh remonstrated and that gave rise to an altercation and exchange of abuse between him and Zora Singh. The latter then, hurried to the village and returned soon after accompanied by his brors . Hazura Singh and Kapur Singh. Zora Singh came armed with a gandasa while Hazura Singh and Kapur Singh were possessed of a lathi each. Zora Singh opened the attack and gave a gandasa blow to Indar Singh on the head. Kapur Singh and Hazura Singh are also alleged to have followed by striking a couple of lathi blows to Indar Singh - As a result the head injury which fractured his skull and went deep to the brain, Indar Singh fell down unconscious. He was removed on a cot to the village and expired an hour later. Arjan Singh (P. W. 2) father of Indar Singh and brought meals for his son and grandson and stayed in the field after they had taken the meals. Besides Arjan Singh and Hakam Singh, the incident was witnessed by Mit Singh (P. W. 4). Mst. Bhagwan Kaur, wife of Indar Singh, had seen the accused leaving their house armed and had heard him abusing Indar Singh while going out. She became apprehensive and requested Mit Singh who was Biding a horse to gallop towards her husband's field. A report of the incident was lodged by his father an Singh at police station Bhikhi at a distance of seven miles the same day at 6 -15 P. M. The fatal blow on the head with a gandasa was ascribed in the report to Zora Singh Appellant and his two brors . were stated to have given a blow each to Indar Singh with lathis. The names of the witnesses were disclosed and the other details of the incident were also narrated. M. Jagan Nath, A.S. I., proceeded to the village and reached there at about 10 P. M. He started investigation on the following morning and on inspection of the spot removed blood -stained earth from the place of incident. The Appellant was arrested on 4 -12 -1951, and the weapon of offence was recovered at his instance the same day. Hazura Singh was also arrested along with him while Kapur Singh surrendered himself on 14 -12 -1951. Post mortem examination on the dead body conducted by Dr. Tilak Ram Singla, Medical Officer, Bhatinda, revealed that the deceased had an incised wound on the right side of the head 5"x J" going deep into the cranial cavity. -Both the parietal bones were fractured and the underlying -membranes and the brain were cut. The injury in the opinion of the Doctor was sufficient in the ordinary course of nature to cause death. There was also a bruise 5" x 1" on the right side of the back, which was the result of a blunt weapon and was a simple hurt.
(3.) ARJAN Singh and Hakam Singh (P. Ws. 2 and 3) have described as to how the trouble originated and the latter was given slaps by Zora Singh because a cow of his had strayed into Zora Singh's field. They further stated that Zora Singh came back armed with a gandasa from the village and dealt a blow with the sharp side of it on the head of Indar Singh. Mit Singh (P. w. 4) who is an uninterested witness having no relations with the deceased or enmity with the Appellant supported the version given by these two witnesses. He caught hold of Hazura Singh in order to prevent his joining the attack. Chand Singh (P. W. 5) who is again an independent witness had seen the Appellant briskly going with his brors . to his field armed with a gandasa. On hearing the noise from Indar Singh's field he hurried that side but could only reach to find Indar Singh lying on the ground injured and unconscious. He spoke of the presence of Hakam Singh, Arjan Singh and Mit Singh on the spot The story that the Appellant inflicted the fatal blow with a gandasa on the head of Indar Singh is consistent and uniform from the very start to the last and has not been shaken in the least in cross -examination. S. Narotam Singh, the learned Counsel for the Appellant, argued that the trial judge had acquitted the other two accused on much the same evidence and contended that the evidence that had not been partly relied upon (should not be regarded sufficient to record conviction of the Appellant. We have carefully gone through the entire record and are of opinion that the evidence against the Appellant was far more consistent and satisfactory and conclusively proved that it was he who gave the gandasa blow on the head of Indar Singh which resulted in his death. The Appellant was also alleged to have given a blow on the shoulder from the blunt side of the weapon. The version given by Arjan Singh in the report as "well as at the trial to the effect that Hazira Singh and Kapur Singh also gave a blow or two each has to be discarded as a mere exaggeration because on post mortem examination the deal body was found to have only two injuries. There can be little doubt as regards the presence of Hazure Singh and Kapur Singh on the spot. This is fully established by the uninterested evidence of Mit Singh and also that of Chand Singh, but AS regards the part ascribed to them the evidence has not been throughout consistent and is not corroborated by medical evidence. That, however, does not in any way detract from the veracity of the witnesses' testimony so far as the part ascribed to the Appellant is concerned. Some stress has been laid on the fact that Mit Singh did not actually see Zora Singh striking at the head of Indar Singh. The reason that the witness gave was that he was holding Hazura Singh in order to stop him from inflicting any blow to Indar Singh and, therefore, he had his back towards the other two assailants at. the time. He, however, saw Zora Singh belabouving the deceased but could not say where the gandasa blow given by him (Zora Singh) actually fell. According to him also it was Zora Singh alone who was armed with a sharp edged weapon the which the injury on the head was caused. The minor, discrepancies in the evidence pointed out by the learned Counsel for the defense cannot have any significance. Such discrepancies of in material nature are to be found almost in every case. The minor contradictions on points such as whether the injury on the head preceded or followed the one on the shoulder,' the actual time when Chand Singh arrived at the spot cannot affect the credibility of the evidence as a whole. Arjan Singh is the father's brother of the Appellant. It is not even alleged that he had any prior ill -will or grudge against the accused. The fatal blow on the head was ascribed by him to Zora Singh in the report which was lodged with promptitude. Some time must have been taken after the incident to remove the injured on a cot to the Village. He died about an hour after and it was then that Arjan Singh at once started for the police station. In view of these facts I have no hesitation to agree with the learned trial Judge that the Appellant was responsible for the ganders blow on the head of Indar Singh, which resulted in the latter's death.;