S.D. Anand, J. - (1.) APPELLANTS Garib Dass and Sewa Singh are in appeal against their conviction for the murder of Parkash (Criminal Appeal No. 181 -DB of had been filed by the appellants - Jaswinder Kaur alias Bholi, Garib Dass and Sewa Singh). Jaswinder Kaur had also filed Criminal Appeal No. 108 -DB of 2001 through Jail against that very indictment. Insofar as Criminal Appeal No. 108 -DB of 2001 is concerned, it is dismissed as abated as it is common ground that Jaswinder Kaur had died in the meantime. Criminal Appeal No. 181 -DB of 1999 qua Jaswinder Kaur shall also stand dismissed as abated.
(2.) A reference to the prosecution presentation in the first instance would be helpful in appreciating the controversy before this Court. Jaswinder kaur having been deserted by her husband long ago, was residing in the present accommodation (Markfed Chowk, Preet Nagar Mohalla, Kapurthala), along with her son i.e. appellant - Garib Dass. Appellant - Sewa Singh is her paramour. Parkash deceased (a brother of first informant/PW2 - Subhash Lal) was also on visiting terms with Jaswinder Kaur and vice versa. There were times when Parkash would not be home at night and he had to be fetched from the house of Jaswinder Kaur by PW2 - Subhash Lal. On 17.05.1997, Parkash did not come home from the shop even after the closing hours were over. It was at about midnight that his daughter informed PW2 - Subhash Lal about that fact. Thereupon, Subhash Lal came over to the house of Jaswinder Kaur. When he entered the court yard of her house, he heard a raula. He saw through the window that his brother Parkash had been felled by Jaswinder Kaur, Garib Dass and Sewa Singh upon a cot and the trio were belabouring him. He pleaded with the appellants to spare Parkash. On this, the appellants held out a threat that Subhash Lal should get away from the spot. They further announced that they would be doing away with Parkash. Subhash Lal came back from there and brought the facts to the notice of his uncle (father's younger brother) Vir Singh and, then, both of them came over to the house of Jaswinder Kaur to fetch Parkash. When they reached there at about 3 a.m., they found that the outer door of the house was locked. They looked for Parkash but in vain. When they were returning to the house on 18.05.1997 at about 8.30 A.M., they found the dead body of Parkash lying in the bushes near the canal bridge on Kala Sanghian - Nakodar road. PW2 - Subhash Lal left his uncle Vir Singh to guard the dead body and was on way to the Police Station when he across the police party in Chaubatia Chowk, Kapurthala. It was there that Subhash Lal notified the offence to the police, vide statement Ex.PD.
(3.) THE police party accompanied Subhash Lal gone to the house of Jaswinder Kaur where the only room under her possession was found locked. A half burnt T -Shirt, which Parkash was wearing when he went over to the house of Jaswinder Kaur, was lying in earthen hearth. The prosecution examined as many as seven prosecution witnesses at the trial. PW1 - Dr. Raj Kumar had (along with two other members of the Medical Board, namely, Dr. Gurbachan Singh and Dr. Hussan Lal Mehmi) conducted the post mortem examination on the dead body of Parkash on 18.05.1997 and had found the following injuries on it: "1. A ligature mark of 1 cm (breadth) present on the front neck. Starting from angle of mandible on right side and passing obliquely in front of neck at the level of thyroid cartilage and extending upto 5 cm below the left angle of mandible. 2. A bluish contusion measuring 3 cm x 3 cm on the anterior lateral aspect of the right arm 5 cm below the top of the shoulder. 3. A bluish contusion measuring 3 cm x 2 cm oblique 5 cm below injury No. 2. 4. A bluish contusion measuring 4 cm x 3 cm at the center of the left clavicle.;