- (1.) THE appellants question their conviction, inter - alia, under sections 302/34 IPC for causing death of Gurtej Singh, husband of Karnail Kaur PW 2 and son of Bachan Kaur P.W. 3.
(2.) CASE of the prosecution, as per statement Ex.PD made Karnail Kaur P.W. 2 before Daya Singh 1.0. P.W. 11 is that on 24.2.1997 at 8 PM, she was present in her house alongwith deceased Gurtej Singh, PW 3 Bachan Kaur, her son Harjit Singh and daughter Shinder Kaur. They had already taken their meals and were talking to Gurnaib Singh, her brother who had come to meet her. They heard some 'lalkara' (exhortation) calling the naive of her husband. They stood up and saw Nirbhai Singh, Jagsir Singh @ Sira, Gora Singh alias Gori, accused, who forcibly entered the house after breaking the door. Out of fear, Gurtej Singh ascended the roof. The accused shouted asking him to come down. Karnail Kaur, her brother and her mother -in -law tried to make the accused understand but they followed Gurtej Singh to the roof. Gurtej Singh threw bricks from the upstairs in his defence. Karnail Kaur, her brother and mother -in -law followed the accused but accused Nirbhai Singh caught hold of right arm, Jagsir caught hold of left arm and Gora Singh caught hold of legs of Gurtej Singh and dragged him. Jarnail Singh, who was standing in the street, shouted asking the co - accused to throw Gurtej Singh down and to kill him. All the accused threw Gurtej Singh in pucca street on the back side of the house towards the house of Baldev Singh with an intention to kill him. Jarnail Singh said that the other accused had done well and had ended the dispute once for all. He also gave kick blows to Gurtej Singh. Karnail Kaur and other members of the family, who were present, tried to catch hold of the accused but they fled away. electric bulbs installed at the parapet and also in the street were on. Karnail Kaur went near Gurtej Singh and found that he had died. The motive was annoyance of the accused on account of Gurtej Singh objecting to their passing through the field as there was no other pathway for the accused. The deceased had told Karnail Kaur about the altercation which had taken place earlier in the day. She alongwith her brother -in -law Gurmit Singh, who came to the place of occurrence later, was proceeding to inform the police and she met Inspector Daya Singh PW 11 on the way, who recorded her statement at 12 in the night which led to registration of FIR. Inspector Daya Singh PW 11 went to the place of occurrence, prepared inquest report Ex.PC, inspected the place of occurrence and lifted blood stained earth. He also recovered one left foot wear outside the house. He sent the dead body for post mortem examination, took into possession clothes of the deceased, prepared rough site plan and after completing investigation, he challaned the accused. During interrogation of Nirbhai Singh accused, he recovered one right footwear of his foot. He also got identification of the foot recovered from the place of occurrence and the foot recovered from Nirbhai Singh under orders of SDM, which was conducted by PW 12 Surinder Kaur, Naib Tehsildar. Post mortem was conducted by Dr. Dr. SK Singhal PW 1, who found following injuries on the person of the deceased: "1. An abrasion 2 cm x 1.5 cm over the front of right knee joint. 2. An abrasion 4 cm x 3 cm over the lateral aspect of left knee joint. 3. An abrasion 4.5 cm x 1.5 cm on the front of left knee joint.
(3.) A contusion 6 cm x 3 cm over the back of middle 1/3rd of the left forearm 13 cm above the left wrist joint.;