K.P.BHANDARI, J. - (1.) BHUPINDER Singh and Dharam Singh, appellants were tried by the Sessions Judge, Ropar, for commission of an offence under section 302 read with section 34 of the Indian Penal Code. Sessions Judge came to the conclusion that the charge against the accused has been fully proved. He, therefore, convicted the accused under section 302 read with section 34, I.P.C. Sessions Judge awarded the sentence of life imprisonment to Bhupinder Singh and Dharam Singh and also ordered them to pay a fine of Rs. 500/ - each and in default of payment of fine to further undergo rigorous imprisonment for four months. Hence, this appeal.
(2.) BHUPINDER Singh and Dharam Singh, accused, were tried for the murder of Jaswinder Singh on 15.9.1988. According to the prosecution offence was committed in village Charian at about 6A.M. According to the prosecution case, Jaswinder Singh was found mission on 15.9.1988. The matter was reported to the police, Bant Singh, nephew of Amarjit Singh, Panch Baldev Singh, Lamberdar Piara Singh and other were making efforts to search Jaswinder Singh. They found the dead body of Jaswinder Singh in a pond. A.S.I. Kartar Singh reached the spot and prepared the site plan. Post mortem was conducted by Dr. Rajinder Kumar who appeared as P.W. 1 Postmortem was conducted on 18.9.1988. From the post -mortem report. the following injuries were found on the body of Jaswinder Singh, deceased: There was a ligature mark around neck in lower portion, 1/4" broad running from angle to mandible (right), anterior portion of neck to the posterior aspect of neck. Incised wound 3/1/2" X 1/1 -2" on anterior aspect of neck'p1aced horizontally, trachea, great vessels, pre -traches muscles were cut.  According to the opinion of the doctor cause of death was asphyxias haemorrhage and shock as a result of injuries of the neck. The doctor opined that the injury on the neck of the deceased was sufficient to cause death in the ordinary course of nature. The case was investigated by Sub -Inspector, Bikkar Singh, P.W. 13. According to the prosecution, accused made extra judicial confession before Karam Singh. P.W. 7 who had produced the accused before the police. Nasib Singh, P.W. 8 had seen the accused with the deceased, Jaswinder Singh on 15.9.1988 and he learnt about the death of Jaswinder Singh on next day.'
(3.) ACCORDING to the prosecution, he motive for the commission of the offence was that the complainant party had taken one killa of land from the accused party. That land was got redeemed three years back. According to the prosecution the accused apprehended that Swaran Singh, younger brother, may got mortgage the land again. It is stated by Bant Singh, P.W. 9, that he made an application on 7.9.1988 to the Superintendent of Police. However, the Panchayat got the matter compromised. The version regarding compromise has been supported by Gurbux Singh, P. W. 2, Sarpanch of the village. Sessions Judge relying upon the alleged motive for the commission of the offence and the evidence that deceased was last seen by Nasib Singh, P.W. 8and further relying upon the evidence of extra Judicial confession of Karam Singh, P.W. 7, convicted the accused under section 302 read with section 34, I.P.C. and sentenced the accused for life imprisonment and fine of Rs. 500/ -.;