Harbans Lal, J. - (1.) This judgment will dispose of Criminal Appeal No. 496 -DBA of 1994 and Criminal Revision No. 668 of 1994 as they arise out of common judgment. For facility of reference, facts are taken from Criminal Appeal No. 496 -DBA of 1994.
(2.) This appeal has been directed against the judgment dated 12.2.1994 rendered by the learned Sessions Judge, Sirsa, vide which he acquitted the accused by giving benefit of doubt.
(3.) The factual matrix may be succinctly projected like this : that on 4.11.1992, Paramjit Kaur wife of Ajmer Singh, made statement before ASI Rajinder Singh stating therein that my husband Ajmer Singh, Balli Singh, Gurmukh Singh and Tarlok Singh are four brothers. Balli Singh and my husband reside in the village whereas Gurmukh Singh and Tarlok Singh reside in the Village Sangarh and Nigrana Ther respectively. We and Balli Singh, both live separately but our houses adjoin each other. I have one son, Gurpreet Singh alias Gulab. Today at 5.00 or 5.30 A.M. my husband Ajmer Singh was standing in the courtyard of his house after taking his bath; His father Uttam singh called Ajmer Singh for going to the Gurudwara and they both left the house; That after some time, she saw Punjab Singh and his father Balli Singh accused going on a scooter towards the village and after 45 minutes Balli Singh accused came to the house of Ajmer Singh and called out my son Gulab Singh alias Gurpreet Singh and inquired from him as to where was his father Ajmer Singh; Gulab Singh told Balli Singh accused that Ajmer singh and Uttam Singh had gone to the Gurudwara whereupon Balli Singh accused stated that Ajmer Singh was lying in front of the houses of Pinder Singh and Chhinder Singh; she told Balli Singh accused that he had done what he wanted to do and thereupon Balli Singh accused replied in the affirmative and went away; Thereafter she had sent Lakhbir Singh along with her son Gurpreet Singh alias Gulab Singh to see as to where Ajmer Singh was lying; They had gone away and returned after some time and told her that Ajmer Singh was lying dead there; There was some dispute between Ajmer Singh and Balli Singh accused regarding some land and that litigation regarding partition of the same was going on between them. Baldev Singh, Ex -Sarpanch got the matter compromised and it was settled on 30.10.1990 that half of the 8 acres of land which Uttam Singh had got transferred in the names of the sons of Balli Singh accused by suffering a collusive decree and a sum of Rs. 80,000/ -being half of the value of the tractor would be given by Balli Singh to Ajmer Singh; She had told the police that she had kept waiting for the arrival of her parents and on their arrival, she was making statement before the police that she was of the firm belief that Balli Singh, Punjab Singh and Uttam Singh had murdered her husband. ASI Rajinder Singh made his endorsement and sent this statement to the Police Station where FIR was recorded on its basis. After recording the statement, ASI Rajinder Singh along with Paramjit Kaur, came at the spot in front of the house of Balli Singh. Rajinder Singh, ASI prepared the inquest report and recorded statements of Lakha Singh and Gurpreet Singh. At about 6.30 P.M., Abhey Singh, SI, PW -12 reached the spot, recorded statements of certain witnesses and searched for the accused, who were not available in their houses. On 5.11.1992, at about 9.00 A.M., Dr. G.S.Samani, PW -1 and Dr. Gurtej Singh, jointly conducted post -mortem on the dead body of Ajmer Singh. In due course, the accused were arrested. After completion of investigation, the charge sheet was laid in the Court of Ilaqa Magistrate, who committed the case to the Court of Sessions for trial of Balli Singh and Punjab Singh accused under Sec. 302/34 of I.P.C. Uttam Singh accused/father of Balli Singh died during investigation.;