Passey, C.J. - (1.) BY his order dated 31 -8 -1955, the Sessions Judge, Sangrur has convicted Naurang Singh for the murders of Mukand Singh and his son Bhan Singh of village Gujran and sentenced him to death. He has also convicted and sentenced him to 2 years' R.I. under Section 326, I. P. C. for the injuries caused to Mst. Tej Kaur widow, of Mukand Singh. This is an appeal by Naurang Singh and the record is also before us under Section 374, Code of Criminal Procedure for confirmation of the death penalty.
(2.) ABOUT three years before the present incident which took place on 18 -5 -1955, Naurang Singh had attempted to ravish Mst. Thakri wife of Mal Singh and Mukand Singh had reached to her 'help. He had given a lathi blow on his leg and broken it. No report regarding the assault on Mst. Thakri or the injury sustained by Naurang Singh was made to, the police nor were any pro -gs initiated in any Court. For bearance on the side of Naurang Singh was perhaps due to his having been at fault and or her husband Mal Singh might have as Naurang Singh had already been given a disabling (temporarily at least) grievous in jury. It is stated that the accused had felt deeply stung and the fire of revenge had continued smoulder in his mind. On 18 -5 -1955 Mukand Singh alter taking his meals had gone to sleep and with him also lay on the same cot his six years old son Bhan Singh On . another cot close -by were lying his wife Mt Tej Kaur and his 11/4 year old suckling. A Jew.. yards away from them practically in the same court -yard but more precisely in the passage connecting the lane outside with the court -yard lay Mt. Santi, mother of Mukand Singh. A kerosene lantern hanging from a peg was burning and spreading light in. that restricted portion of the house of the deceased. Quite unexpectedly at about 10 P.M. the Appellant armed with a gandasa and accompanied by his friend Ram Chand carrying a spear gained ingress to the where Mukand Singh and his wife with a' son each were lying on their cots. While passing her they were asked by Mt. Santi as to where were going but to her they gave no reply. On reaching the cot of Mukand Singh, Nau -Singh began to shower violent blows with his weapon while Ram Chand urged upon him to finish the job speedily assuring him that he would not allow any body to interrupt him. Naurang Singh delivered no less than five blows on the sleeping man, some with deadly force on vital portions. The lad Bhan Singh awoke and tried to' rise but the Appellant killed him by striking the gandasa on his head. Mt. Tej Kaur had spread her arms to protect her husband and while she was making that effort she was given four blows with the gandasa. The alarm raised by her cries brought to her house some of her neighbours. Gumam Singh had according to him, seen the attack upon Mukand Singh from the roof of his house, which was contiguous to the courtyard of the latter. He rushed down and as he and Natha Singh were about to enter the passage to reach the place of incident, they found Ram Chand coming from the courtyard. Gurnam Singh assisted by Natha Singh succeeded in holding him up, but Naurang Singh in that confusion succeeded in bolting away. Just then Amar Singh, a member of we local Homeguard, turned up with his rifle and was apprised by Gurnam Singh of what had preceded Gurnam Singh handed over Ram Chand to Amar Singh and himself went to Bachan Singh lambardar and informed him of what he had heard and seen. Thereafter he proceeded to the house of' Sangat Singh lambardar and told him the above -story. In his absence, Mt. Tej Kaur had told Amar' Singh and Kirpal Singh another member of the home -guard who had also arrived at her house of how Naurang Singh had killed her husband and her son Bhan Singh and how she had herself been attacked with a gandasa. Gumam Singh" returned to Mt. Tej Kaur's house with Sangat Singh, soon followed by Bachan Singh lambardar. To Sangat Singh and Bachan Singh also Mt Tej Kaur narrated her woeful story. All these witnesses found Mukand Singh and Bhan Singh lying dead on their cot and Mst. Tej Kaur with injuries on her person, Sangat Singh then left police for station Dirbha and after travelling a 3/4 miles lodged the F.I.R. Ex. P.A., at 2. A.M. on 19 -5 -1955. That report stated that Naurang Ram Chand had killed Mukand Singh and Bhan Singh with gandasa and barchhar and " Tej Kaur had been attacked with a gandasa gat Singh had mentioned, the names of witnesses also in that report and above all the various injuries received by the victims were described by him in great detail. On getting that information A.S.I. Kirpal Singh arrived at the house of Mukand Singh at about 3 -30 A.M. and started investigation. He drew, up the inquest reports relating to the two corpses and also the statement regarding the injuries of Mt. Tej Kanr. The dead -bodies were despatched to the Sangrur Civil Hospital at 6 A.M. on 19 -5 -1955 and Mst. Tej Kaur also reached there. Dr. Sita Ram held the post mortem examination and was able to discover the following injuries: On the corpse of Mukand Singh. 1. One incised wound about 4 1/2" x 1 l/2"x going deep in the bones of hand on the dorsal side, cutting completely the metacarpal bones of middle, ring and index and carpal bones of the right hand. 2. One incised wound 4 1/2" x 2" x 2" on the right side of the arm. The humorous bone was completely cut. 3. One incised wound about 51/2" x 2" x 2" on the right side of chest perpendicular to the middle line below the right clavicle. The lung was coming out in the wound. Half of the right part of the sternum was cut completely. The second rib in the upper part was cut.
(3.) ONE incised wound about 5" x 1" x going deep in the lower jaw and the left side of the neck. The lower jaw bone was completely cut and the blood vessels were also cut. The wound ex tended from the left angle of the mouth, outwards and downwards.;