J.B.GARG, J. - (1.) KARAM Singh and his two other companions Mewa Singh and Mohan Singh have been convicted under Sections 302/34 of the Indian Penal Code on 1.4.1994. Out of them, Karam Singh son of the deceased, Man Singh, has been sentenced to death and his other two companions, Mewa Singh and Mohan Singh, were sentenced to imprisonment for life. This murder reference has, thus, been received in this case of patricide from Shri K.K. Chopra, Additional Sessions Judge, Ambala. Besides this, they have also attempted an appeal against their conviction.
(2.) BRIEFLY , the story of the prosecution is that at about 4.15 P.M. on 7.6.1989 Karamjit Singh (PW-3), his brother Kaka Singh (PW-5) and their mother Jaspal Kaur (PW-4) were returning from their field situated adjacent to Jalbera Road after planting paddy saplings. When they were almost on the main road, they noticed Karam Singh catching hold the father Man Singh with the help of two companions Mewa Singh and Mohan Singh and thereafter, Karam Singh caused multiple injuries with a Knife on chest, abdomen, shoulder, elbow, arms etc. of his father Man Singh. As a consequence of the aforesaid multiple injuries, Man Singh fell on the ground and the blood also fell there. The motive for this occurrence of patricide was that Man Singh had five sons including Karam Singh, now appellant, who is the eldest. He had been residing separately for the last about five years and he had also been claiming his specific share and in this regard, he also instituted a Civil Suit against his father Man Singh. Some time back, there were also proceedings under Section 107/151 of the Code of Criminal Procedure qua Karam Singh-appellant. Karam Singh along with his knife and the other two companions made good his escape. Karamjit Singh proceeded to Police Station Sadar Ambala for lodging the First Information Report whereas Jaspal Kaur, the wife, and Kaka Singh, the other son, remained near Man Singh deceased. On the instatement of Karamjit Singh, the First Information Report was recorded by Shri Jai Ram, Sub Inspector at Police Station Sadar Ambala at 5.05 P.M. and soon thereafter, the 'special report reached the Ilaqa Magistrate at Ambala at 6.45 P.M. the same day. Shri Jai Ram, Sub Inspector, arrived at the place of occurrence and collected blood stained earth and converted it into a sealed packet. Bicycle of Man Singh was lying nearby was also taken into possession. The dead body was despatched for the purpose of post-mortem examination and the statements of other two eye witnesses Jaspal Kaur widow of the deceased and Kaka Singh, another son of the deceased, were recorded. Karam Singh, the principal accused was arrested on 11.6.1989 whereas the other two accused Mewa Singh and Mohan Singh were kept in column No. 2 of the report under Section 173 of the Code of Criminal Procedure and they also appeared in the Commitment Court. Pw-2 Dr. G.P. Saluja, the Senior Medical Officer of General Hospital, Ambala City, conducted the post-mortem examination on the dead body of Man Singh son of Narain Singh, aged 55 on 8.6.1989 and the injuries found on the person of the deceased were as under : 1. Incised elliptical wound 2 x 1/2 cm on the left side of chest 14 cm below the nipple. It was muscle deep. 2. Incised wound 2-1/2 cm on elliptical in shape on the left side of abdomen 6 cm from middle and 8 cm below from injury No. 1. Exploration of the wound revealed that it was directed downward and middly. There was corresponding wound in the transfer colon and migentry vessel were also injured. 3. Elliptical incised wound 2 x 1/2 cm just left to mid line on the abdomen. It was 3 cm above the umbilicus. Piece of omentum was also seen coming out. Exploration revealed that it was also directed downward and opening, into the peritonial cavity. 4. Elliptical incised wound measuring 2 x 1/2 cm on the left growing 8 cm from mid line. Omentum was also seen coming out. It was also entering the peritorial cavity. 5. Incised elliptical wound 3-1/2 inch x 1.5 cm wound muscle deep on the front of left arm 7 cm below the exilla. 6. Incised elliptical wound 1 x. 2 cm transversally placed skin deep on the back of left upper arm 7 cm below shoulder joint. 7. Incised elliptical wound 2 x 1/2 cm on the back of left upper arm 10 cm below axilla. It was obliquely placed muscle deep. 8. 1 x 1/2 cm incised elliptical wound on the back of left arm 2 cm below axilla. It was skin deep. 9. Incised elliptical wound 3 cm x .2 cm on the back of left arm 5 cm below elbow joint and was transversally placed. 10. Incised elliptical wound 2 x 1/2 cm on the back of chest on the left side 8 cm from middle and 3 cm below colour area. It was skin deep. 11. Incised elliptical wound 2 x 1/2 cm in the eligastic region 5 cm below the coastal margin. It was vertically placed and was muscle deep. It was on the right side of abdomen. 12. Incised elliptical wound 2 x 1/2 cm oblically placed 1/2 cm below injury No. 11 on the right side of abdomen and was muscle deep. 13. Two incised elliptical wounds 2 x 1/2 cm on the right side of abdomen 1/2 cm ouster to injury No. 12. It was muscle deep. 14. Incised elliptical wound 2 x 1/2 cm on the right side of abdomen 2 cm ouster to injury No. 11 and was muscle deep. 15. 1 x 1/2 cm incised elliptical wound 2 cm ouster to injury No. 14 on the right side of abdomen and was muscle deep. 16. 2-1/2 x 1 cm on the right side of abdomen in the groin region 5 cm from mid line. It was muscle deep, 17. 2-1/2 cm incised elliptical wound on the right side of neck. 5 cm above the clavical and 1-1/2 cm from middle. It was directed upward and medially and was muscle deep. 18. 2 x 1/2 cm incised elliptical muscle deep on the right side of neck. 5 cm from mid line and 3 cm above the clavical. It was oblically placed. 19. Incised elliptical wound 2 x 1/2 cm into muscle deep on the right side of neck 1 cm above injury No. 17 which was oblically placed.
(3.) THE Medical Officer opined that the death was on account of shock and haemorrhage and especially on account of damage to large intestine which was the result from injury No. 2.;