S.D. Anand, J. - (1.) APPELLANT - Alakh Singh @ Anokh Singh is in appeal against his conviction under Section 302 of the Indian Penal Code by the learned Trial Judge, on the proven charge that he had murdered his own sibling Tara Singh.
(2.) ON retirement from the Army, Gulzar Singh (PW -6) resumed routine life in Village Todar Majra where he was joint in Mess and residence with Tara Singh. On the night intervening 5/6.7.1997, Gulzar Singh and Tara Singh were asleep in different rooms. The room, in which the latter was asleep, did not have any door or window affixed. Gulzar Singh woke up at about 11.30 p.m. on hearing the raula of "Mar Ditta Mar Ditta" raised by Tara Singh. On going over, Gulzar Singh found appellant - Alakh Singh standing near the head of Tara Singh; while the former was carrying a kahi in his hand. Appellant did not respond on being quizzed by Gulzar Singh to indicate what exactly he was doing over there. The appellant gave a kahi blow on the left cheek of Tara Singh. Thereafter, the appellant left the kahi on the right side of where Tara Singh was lying and fled to safety. On going near him, Gulzar Singh found that the left jaw of Tara Singh had been cut on account of the kahi blow, that there was blood all over and Tara Singh died at the spot itself. Gulzar Singh brought along PW7 - Hari Singh (Ex. Sarpanch of the village) after intimating the incident to him (i.e. PW7 - Hari Singh). It was PW7 who telephoned the police which (police) came over there, recorded the FIR (Ex.PF/1) and completed the formalities at the spot. Ex.P1, the kahi with which the appellant had committed the crime, was also taken into possession and so also was blood stained earth, Dari (Ex.P2) and Pillow (Ex.D3) which too were blood stained. In order to prove the charge, the prosecution examined Dr. Amrit Sood (PW1), Gian Chand, Draftsman (PW2), Dilbagh Singh (PW3), C. Avtar Singh (PW4), H.C. Sukhdev Singh (PW5), Gulzar Singh (PW6), Hari Singh (PW7), Const. Balbir Singh (PW8), Inspector Jasdev Singh (PW9) and Varinderjit Singh (PW10). Ex.PR is the report of the Chemical Examiner.
(3.) IN support of the plea of innocence in the course of the statement of the appellant - Anokh singh, under Section 313 Cr.P.C., he pleaded as under: My brother Baldev Singh was murdered by complainant and I was falsely implicated in that case. Gulzar Singh and Hari Singh were the police witnesses against me and I was acquitted in that case. Deceased Tara Singh executed a will in favour of my sons. Gulzar Singh is not having any Male child. He wants to grab the property of Tara Singh. After committing his murder he implicated me in this false case. Tara Singh was residing with me and he was looked after by me and my sons. Earlier my wife was also murdered by Gulzar Singh and he implicated Baldev Singh in a false case, who was acquitted in the year 1970. I am innocent.;