S.S.Dewan, J. - (1.) BHAG Singh accused stands convicted under section 302 read with section 34 and Section 458, Indian Penal Code, by the order of the Sessions Judge, Hissar, dated 30 -9 -1973 He has been sentenced to life imprisonment and a fine of Rs. 200/ or in default to undergo rigorous imprisonment for six months under the first count and two years rigorous imprisonment under the second count. Both the substantive sentences have been ordered to run concurrently. His co accused Sampuran Singh and Manjit Singh have been given the benefit of doubt and acquitted.
(2.) BHAG Singh accused was married to Dalip Kaur (now deceased) and five sons were born out of this wedlock. The accused had land in two villages namely, Desu Malkana and Tangrali. He started suspecting his wife Dalip Kaur to be having illicit liaison with his brother Karnail Singh and on that account there was estrangement between the accused and his wife. About two years prior to the present occurrence, the accused started living with his brother Roop Singh Thereafter, he left the village and started living with Sampuran Singh and Manjit Singh, brothers of the deceased. It is stated that Sampuran Singh and Manjit Singh were also not happy with Smt. Dalip Kaur for her having illicit relations with Karnail Singh About four days prior so the present occurrence, Bhag Singh and his co -accused Sampuran Singh and Manjit Singh (Since acquitted), started working in the per of Roop Singh. A day prior to this occurrence, the accused Bhag Singh cultivated the land which was in the possession of his son Harbhajan Singh and Kaur Singh etc, but the latter again cultivated the same and that was stated to be the immediate cause of this occurrence. The prosecution case in brief is that on the night intervening 9/10.5.1974, Nichhatar Singh son of Bhag Singh accused had gone to irrigate the fields of Gulzar Singh Mistry. Dalip Kaur had bolted her house from inside. All the three accused scaled over the well at about mid night. Bhag Singh was armed with a sword, while his co -accused were armed with gandasa. Sampuran Singh gave a qandasa blow on the nock of Dalip Kaur. When Dalip Kaur received injuries, Sampuran Singh caught hold Dalip Kaur by her arms. Manjit Singh held her legs and Bhag Singh started rubbing his sword by placing it on her neck Dalip Kaur died as a result of the said injury and then all the three accused decamped. This occurrence was witnessed by Harbhajan Singh and Kaur Singh who were lying on the cots in the same premises These witnesses being frightened, kept quiet till morning. In the morning, Harbhajan Singh went to Karnail Singh and narrated the whole incident to him Karnail Singh sent for Nichhatar Singh and narrated the incident to Gurdev Singh and Partap Singh. Harbhajan Singh alongwith Gurdev Singh and Partap Singh went to Police post Kalanvali and made a statement to Head Constable Beant Singh (P.W. 16) On the basis of that statement, first Information Report Exhibit PA/1, was recorded at Police Station Baragudha, at 10.30 A.M. on 10.3 1974 The Head Constable went to the house of the deceased, held inquest and recovered blood stained earth and other articles from the spot. The dead body was dispatched to the Mortuary for autopsy. Assistant Sub -Inspector Devi Dass took over the investigation from the Head Constable at about 12 noon. The accused were arrested on 17.5.1974 On interrogation by the Investigation Officer, Bhag Singh, Sampuran Singh and Manjit Singh made disclosure statements, Exhibits PL, PM and PN in the presence of Gurdev Singh and Karnail Singh and in pursuance of those Statements, they got recovered Kirpan and gandasas from the specified places of concealment.
(3.) DR . K.V. Singh (P.W. 15) conducted autopsy on the dead body of Dalip Kaur on 10.5.1974 and found an injury of the following description: - - An incised would starting from mid of the chin right side and going downward and backward reaching up to mid line of the back of neck in its middle, wound measured 7" X 2" in the centre. On further exploration, muscles and big vessels of the neck an the right side were cut The wound had gone further deep severing the traced, thorax cartilage esophagus, cervical verities between 3rd and 4th and spinal cord completely. The neck is attached to the tongue on left side by skin and muscles Vessels of the right side were also saved Person was average built, eyes closed, mouth partly opened, pas mortem staining present on the back, rigor mortis was present in all the limbs, no signs of decomposition.;