J.S.SEKHON,J - (1.) JARNAIL Singh and his brother Karnail Singh appellants were tried and held guilty and convicted on the charge for an offence punishable under Section 302 read with Section 34 of the Indian Penal Code for the murder of Darshan Singh by the learned Session Judge, Bhatinda. Each one of them was awarded sentence of Rigorous Imprisonment for life and fine of Rs. 2,000/- or in default of payment thereof to undergo further four months Rigorous Imprisonment. Feeling aggrieved against the orders of their conviction and sentence, they have come up in appeal.
(2.) JANGIR Singh complainant has also preferred Criminal Revision No. 803 of 1993 against the same order of conviction and sentence of the trial court for awarding Rs. 1 lac as compensation to the legal heirs of the deceased. Both these matters would be disposed of by this order as these arise out of the same judgment of the trial Court and rest upon the same evidence. In brief, the facts of the prosecution case are that Chhota Singh younger brother of Jarnail Singh and Karnail Singh accused was murdered. Darshan Singh deceased of this case alongwith Mithu Singh and Gurdev Singh were prosecuted for that murder. Aforesaid Gurdev Singh died even before the presentation of challan but the other two including Darshan Singh deceased of this case, were acquitted. This is alleged to be sole root cause of murder of Darshan Singh. With this background of strained relations, on 12th November, 1988 at about 12.15 P.M. when Darshan Singh deceased alongwith his uncle Jangir Singh (PW-5) was proceeding towards has fields in the area of village Chaoke for availing the turn of canal water. Jarnail Singh accused armed with spade and Karnail Singh with the gandasa accosted them near cotton field of Jarnail Singh. Karnail Singh accused challenged Darshan Singh deceased to face the consequences for committing murder of Chhota Singh. Karnail Singh then gave gandasa blow from its reverse side on right jaw of Darshan Singh which resulted in his fall. Thereafter Jarnail Singh accused chopped off right wrist of Darshan Singh with his spade. He gave further injuries with the spade on the head, neck and back of the victim. Charan Singh PW working in the nearby fields was also attracted to the spot. On the alarm raised by Jangir Singh and Charan Singh, eye witnesses, both the accused with their respective weapons fled away from the spot. Darshan Singh was found dead just thereafter. leaving Charan Singh witness to guard the dead body, aforesaid Jagir Singh PW rushed to Police Post of his village Chaoke and lodged report. Ex. PD with Assistant Sub-Inspector Deep Chand (PW-6) at 1.30 P.M. It was recorded in the Daily Diary Register of the Police Post. A copy of this report was despatched to Police Station Phul through constable Dalbir Singh for registration of a case under Sections 302/34 of the Indian Penal Code against the accused. On the basis of the report a case for the above referred offences was registered against the accused by Assistant Sub-Inspector Jagdish Singh vide FIR Ex.PD/I at 3.45 P.M.
(3.) ASSISTANT Sub-Inspector Deep Chand after despatching the statement Ex.PD. to the Police Station from the Police Post returned to the spot and found the dead body of Darshan Singh lying in the kacha blind passage leading to the fields in the revenue estate of village Chaoke. He drafted Inquest Report Ex PA on the dead body in the presence of Charan Singh and Jangir Singh witnesses. Dead body alongwith the chopped off right wrist were entrusted to constables Leela Singh and Mithu Singh for autopsy. The Assistant Sub Inspector also seized blood stained earth from the sport after putting it in sealed parcel. Turban of the deceased was also found lying at the spot and taken into possession. The visual site plan Ex. PH of the spot was also prepared. The Assistant Sub Inspector also searched for Jarnail Singh accused but failed to locate him on the day of the occurrence as well as on the following day.;