JITENDRA CHAUHAN,J. - (1.) THE appellant-State has filed this appeal against the order dated 13.11.2000, passed by the Additional Sessions Judge, Sirsa whereby accused Jaskaran Dass @ Karna was acquitted on the grounds that the evidence on record was not sufficient to connect the accused with the commission of the offence.
(2.) THERE is no eye witness in the present case. The prosecution has tried to establish its case on the basis of the circumstantial evidence and the theory of 'last seen'. Banta Singh, son of Pritam Singh, resident of village Dabwali got the statement recorded to the effect that they were two brothers, namely Hardev Singh and Banta Singh. The deceased Hardev Singh was elder to him. Both the brothers lived in one house and were jointly engaged in cultivation. Hardev Singh, the deceased had two sons, namely Jaspal Singh, aged 22/23 years and Rampal Singh, aged about 20 years. Banta Singh had one son, who was aged about 13/14 years.
(3.) ON 7.5.1998, Hardev Singh reached home from Mandi Dabwali at about 11.00 A.M. and after having taken meals, went to the rear room of the Baithak (outer room) and slept there. The nephews of Banta Singh i.e. Jaspal and Rampal along with other members of the family were present there. When Banta Singh returned home at around 1.00 O'Clock, he saw that his brother was lying in a pool of blood on the double bed and was unconscious. He had sharp edged weapon injuries on his head and blood was oozing out. The other members of the family joined him after he raised an alarm. The vehicle of Harcharan Singh, Ex- Sarpanch was requisitioned to take Hardev Singh to the Hospital. Satkartar son of Ranjit Singh and Sukhminder son of Gurdev Singh took Hardev Singh to the hospital as per Ex. PL. Hardev Singh breathed his last at the Hospital.;