S.S.DEWAN, J. - (1.) RESHAM Singh and Rattan Singh appellants were brought to trial before the Court of Sessions at Jallandhar for committing the murder of Sodhi and having been found guilty thereof, they were convicted under Sections 302/34, Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 500/- each by the learned Additional Sessions Judge, Jalandhar, on October 30, 1985. They have challenged their conviction and sentence in this appeal.
(2.) THE victim of the crime is deceased Sodhi, who was the son of Amin Chand. He was an employee of Resham Singh accused was working as a Cleaner with him for the last about four years and he was getting Rs. 4,000/- per month as salary. The prosecution herein has no eye-witness of the alleged occurrence and rests entirely on circumstantial evidence. It emerges from the evidence that in the month of March, 1985. Sodhi deceased went with Resham Singh accused with a truck load of potatoes to Surat. Rattan Singh accused used to drive that truck. On 14th March, 1985, Sodhi deceased went with Resham Singh accused with a truck load of potatoes to Surat. Rattan Singh accused used to drive that truck. On 14th March, 1985, in the evening, Bhagat Ram, PW came to Amin Chand and told him that his sole Sodhi was lying injured at the turning of village Kotli and he was further told by two children that Sodhi had been thrown out of the truck. Consequently, Amin Chand went to the said spot on a cycle and found Sodhi lying there semi-conscious. It was alleged that Sodhi told Amin Chand and Bhagat Ram PW that one of the accused had inspected him for having stolen a piece of cloth and on that account, both the accused took him to the garden of Resham Singh and gave him beating with an iron-rod and also put his iron rod in his anus. Amin Chand took Sodhi to Bhogpur Hospital, but the doctor was not available there. Then he was taken to Kala Bakra Hospital, where Dr. Amarjit Singh examined him at 12.30 a.m. and found four injuries on his person. The condition of Sodhi being serious the doctor referred him to Civil Hospital, Jalandhar. He was then removed to the said hospital where he died at 2.25 p.m. on the same day. On receipt of the medico-legal report of Sodhi deceased, Kashmira Singh Assistant Sub Inspector went to Civil Hospital, Jalandhar where he received a chit Ex.PH from a doctor indicating therein that Sodhi had expired at 2.25 p.m. Kashmira Singh then recorded the statement Ex.PC of Amin Chand, on the basis of which formal F.I.R. Ex.P/C 3 was recorded at the Police Station, Bhogpur, at 10.30 a.m. on 17th March, 1985. He also prepared the inquest Ex.PD and sent the dead body to the mortutory for autopsy. On the same day, he prepared the rough site plan Ex.PK of the place of occurrence. The accused were arrested on 30th September, 1985, by the Sub Inspector Gurparkar Singh.
(3.) DR . Paramjit Singh Aneja PW9 conducted autopsy on the dead body of Sodhi on 16th March, 1985 at 12.10 p.m. and found the following injuries. 1. Lacerated wound 1.5 cm skin deep present on the base of left ring finger of left hand. 2. Bluish contusion 2 cm. 1.5 cm present just above the lateral malieolous of left leg. 3. Multiple small abrasions of left side of leg. 4. (i) On dissection of abdomen, all the intestines, small and large were adherent to each other, forming a gummed up mass. (ii) Faecal matter mixed with blood present in peritoneal cavity which was full of it. (iii) Multiple performance of small intestines. (iv) Tear on anterior surface of liver. (v) Tear on lateral surface of spleen. (vi) Preformation in the recot-vesical pouch, communicating with Anal opening." Death was opined to be due to shock and internal haemorrhage due to the injuries which were sufficient to cause death in the ordinary course of nature. The probable time that elapsed between the injuries and death was stated to be about four days and between death and post-mortem within, 24 hours. After necessary investigations, the accused were challenged and committed.;