K.S.TIWANA,J - (1.) GURDEV Singh deceased residence of village Rogla, District Sangrur and Amrik Singh appellant were uterine brothers. The sister of Amrik Singh appellant was married to the elder brother of Kapur Singh accused. Joginder Singh and Geja Singh accused are from the brotherhood of Kapur Singh accused.
(2.) AMRIK Singh appellant had an impression that the land which fell to his share in the family partition was of inferior quality as compared to that of Gurdev Singh deceased. For that reason he had a ranocur in his mind against Gurdev Singh deceased. On 11.11.1983 at about 8.00 p.m., Gurdev Singh deceased alongwith his son Darshan Singh PW-4 was coming back to his house from his field. He had a small bundle of cotton with him. When they were near the Mata Rani, and some distance from the house of Amrik Singh appellant the latter and Kapur Singh accused armed with Gandasis accociated them. The accused started causing injuries to Gurdev Singh deceased with their weapons. Darshan Singh PW-4 ran to his house and informed his mother Amarjit Kaur PW-3 about this. Amarjit Kaur PW-3, who was baking Chapatis ran out and came near the place of occurrence and saw Amrik Singh and Kapur Singh accused assaulting her husband. Geja Singh and Joginder Singh accused also came out of the house of Amrik Singh appellant and exhorted their companions to do away with Gurdev Singh, Gurdev Singh deceased was a Nihang and used to carry a spear with him. He tried to cause injuries to Amrik Singh with his spear. Amrik Singh appellant flung Gandasi blow which hit the handle of the spear and Gurdev Singh received the injury. Gurdev Singh fell down. Babu Singh, uncle of Gurdev Singh, had also witnessed the occurrence. The accused left the place of occurrence. Coming near Amarjit Singh found her husband Gurdev Singh dead. She went to Police Station Dirba and made first information report at 9.30 p.m. on the same evening.
(3.) HARBANS Singh Sub-Inspector of Police PW-5, after recording the FIR went to the place of occurrence and prepared the inquest report on the dead body of Gurdev Singh. He picked up the spear Exhibit P-3, which was lying near the dead body. Blood-stained earth, some human hair and the bundle of cotton were also taken into possession. Dr. Ashok Kumar Jindal PW-1 on 12.11.1983 at 11.30 A.M. conducted autopsy on the dead body of Gurdev Singh and found the following injuries :- "1. Incised wound 4" x 1" x 1-1/2" on front above right eye brow. 2. Incised wound 4" x 1-1/2" on crown of skull in AP direction. 3. An incised wound above right elbow 2" x 2" muscle deep. 4. An incised wound above right little finger cutting also ring finger from its rot. 5. An abrasion 5" x 1/2" horizontal on front and middle of right chest. 6. An abrasion on the lateral side of thigh in its middle. On dissection of skull, both the injuries, of skull were cutting through the skull bones brain matter and there was sub-dural haematoma." The death of Gurdev Singh in the opinion of the doctor was the result of shock and haemorrhage caused by the ante-mortem injuries, which were sufficient in the ordinary course of nature to cause his death. The death was instantaneous and the time between death and the post-mortem examination was about 24 hours.;