S.S.GREWAL, J. - (1.) THIS appeal is directed against the order of Additional Sessions Judge, Barnala dated 11th of September, 1992, whereby, Hardit Singh appellant was convicted under Section 302 of the Indian Penal Code and Karnail Singh appellant was convicted under Section 302 read with Section 34 of the Indian Penal Code for intentionally causing death of Bahadur Singh in furtherance of their common intention and each of them was sentenced to undergo imprisonment for life and to pay a fine of Rs. 2,000/- each. In default of payment of fine each one of them was sentenced to undergo further rigorous imprisonment for one year. Karnail Singh appellant was further convicted under Section 323 of the Indian Penal Code whereas Hardit Singh- appellant was also convicted under Section 323 read with Section 34 of the Indian Penal Code and each one of them was sentenced to undergo imprisonment for six months. Both the substantive sentences of imprisonment were ordered to run concurrently. Darbara Singh co-accused of the appellants was, however, acquitted.
(2.) AGGRIEVED against the order of their conviction and sentence passed by the learned trial Court, Hardit Singh and Karnail Singh have filed the present appeal whereas Nirmal Singh first informant has filed Criminal Revision No. 726 of 1992 concerning acquittal of Darbara Singh co-accused of the appellants and for enhancement of sentence awarded to Hardit Singh and Karnail Singh appellants. This revision petition was merely ordered to be heard along with this criminal appeal. Since common questions of law and fact are involved, both the Criminal Appeal and the Revision Petition shall be disposed of by one order. In brief facts of the prosecution case as emerge from the first information report lodged by Nirmal Singh, an eye witness, are that on 3.7.1990 he along with his brother Bahadur Singh was returning to the house after working in their fields. As they reached near the village circular road (Phirni), their mother Gurnam Kaur also met them. Bahadur Singh was going ahead whereas Nirmal Singh and his mother Gurnam Kaur were coming behind. At about 8.00 or 8.30 p.m. as Bahadur Singh reached near the house of Jagan Nath, Darbara Singh and Karnail Singh accused armed with Gandasa surrounded him while Hardit Singh (father of Darbara Singh and Karnail Singh) armed with his .12 bore licensed double barrel gun came there and immediately thereafter he raised a lalkara that they would teach a lesson for securing apology from them before the Panchayat. Immediately thereafter Hardit Singh fired from his gun hitting Bahadur Singh who fell on the ground. His mother Gurnam Kaur fell on Bahadur Singh. Karnail Singh-appellant then gave a Gandasa blow from its reverse side on the dorsum of left hand of Gurnam Kaur. Meanwhile Lal Singh uncle of Nirmal Singh PW who was sitting in the village Sath (gathering) came to the spot and Nirmal Singh and other PWs raised alarm NA MARO NA MARO hearing which all the three accused ran away from the spot along with their respective weapons. Lal Singh and Nirmal Singh put Bahadur Singh on a cot and brought him to their house and as they were just about to start the tractor trolley in order to take Bahadur Singh to Civil Hospital, Barnala, Bahadur Singh breathed his last. The motive for the crime is that on the night preceding the occurrence Karnail Singh accused under the influence of liquor had abused Bahadur Singh right in front of the latter's house. Panchayat called Karnail Singh and Hardit Singh and made enquiries from them. Hardit Singh tendered apology before the village Panchayat. Due to this grudge, the three accused committed the murder of Bahadur Singh. Leaving Shangara Singh and Mehar Singh Chowkidar to guard the dead body, Nirmal Singh went with Lal Singh and lodged the first information report at 11 p.m. at Police Station, Barnala after covering a distance of 13 Kilometres.
(3.) POST -mortem examination on the dead body of Bahadur Singh was conducted by Dr. Ashok Kumar Bansal, on the next morning of the occurrence at 9.15 a.m. which revealed a lacerated wound with inverted margins measuring 5.5 cm x 5.5 cm over the anterior aspect of left side of chest in the nipple line 8 cm below the left nipple and 6 cm from the mid-line. Omentum had come out of the wound, blackening of the wound margins was present. There were 10 small wounds with lacerated and inverted margins each measuring 2 mm x 2mm in an area of 4 cm x 2 cm adjoining the left inferolateral border of the main wound as well as the 10 small wounds communicated with the paritonial cavity. On dissection 8th, 9th and 10th ribs of left side had been fractured into pieces at the level of the said injury. Peritonial cavity was full of blood. Spleen was ruptured. Left kidney was also lacerated at many places. There were multiple tears of the transverse and dissending colon and small gut. Messenteric vessels were damaged. Pyloric end of the stomach had multiple tears. There was a big haematoma in the parinephric area of left side. One piece of card and 11 pellets were recovered from the peritonial cavity during dissection. Death in the opinion of the said doctor was due to shock and haemorrhage as a result of injuries to the spleen kidney, messenteric vessels and stomach which were sufficient to cause death in the ordinary course of nature. In the opinion of the doctor, these injuries were ante-mortem and result of a fire arm.;