S.S. Dewan, J. - (1.) BALWANT Rai, Kishan Lal and Mahla Ram were brought to trial for committing the murder of Bhola Nath of Karnal. The trial Court convicted Balwant Rai under section 302, Indian Penal Code and the co -accused under section 302 read with section 34, Indian Penal Code and sentenced each one of them to imprisonment for life.
(2.) THE prosecution case, in brief, it that Bhola Nath, who was a retired Revenue Officer used to reside at Karnal. He owned some land in the area of village Azizulla Pur, which is at a distance of about three miles from Panipat. That land was being cultivated by his tenant Lakhmi (P.W. 4), His (Lakhmi's) wife's brother Balbir Singh (P.W. 3) used to work with him as an agricultural labourer. Balwant Rai accused used to place his kurri (dhania Plants) in the Ahata chah jointly owned by him Bhola Nath, the deceased and one Dhan Singh. About 8 or 9 days prior to the present occurrence, which took place on 1st June 1974, Bhola Nath asked Balwant Rai as to why the latter was not removing the kurri despite his repeated requests. A couple of days before the said occurrence, Bhola Nath set fire to that heap of dhania plants. On the same day, at about 4 P.M. all the three accused went to the house of Lakhmi in an agitated mood and abused him. Thereafter, the accused went to the house of Bharat Bhushan Sarpanch (P.W. 10) and asked him to inspect the spot. Bharat Bhushan visited the place where the heap of stalks of dhania plants had been burnt down by Bhola Nath. Balwant Rai said that he would take revenge for the burning down of his stalks of dhania plants. Bharat Bhushan told him that it was a petty matter and he would decide it himself. On the fateful day, i.e. on 1st June 1974 at about 10 A.M. Bhola Nath went to his land where Balbir Singh (P.W. 3), Lakhmi and the latter's wife Smt. Sunehri (P.W. 5) were working. From there Bhola Nath went to the tubewell of Hukam Chand P.W. and narrated to him the previous incidents. Some time in the afternoon when Bhola Nath was coming towards his land and had covered about 30 or 40 paces from the tubewell of Balwant Rai accused, the latter armed with a stick of guava tree; while Kishan Lal accused armed with a gandasi and his father Mehla Ram with a lathi, came from the side of that tubewell. They surrounded Bhola Nath. Mehla Ram uttered abuses towards Bhola Nath which attracted Balbir Singh, Lakhmi and Smt. Sunehri to the spot. Balwant Rai caught hold of Bhola Nath by his neck. When Bhola Nath was trying to free himself, his cap, spectacles and cycle fell down. Balwant Rai then gave a blow with his stick on the head of Bhola Nath, on receipt, of which the latter slumped on the ground and became unconscious. The accused then made good their escape. Balbir Singh and Lakhmi removed Bhola Nath to Civil Hospital, Panipat and got him admitted there at about 2.45 P.M. Balbir Singh remained with Bhola Nath, while Lakhmi went to Karnal to inform Pishori Lal Who is the Brother of Bhola Nath. Dr. V. Keshterpal (P.W, 2) sent ruqa, Exhibit PE, to the Station House Officer, Sadar Panipat regarding the admission of Bhola Nath in the Hospital with multiple head injuries. On receipt of ruqa, Head Constable Hari Kishan (P.W 12) made entry in the dally diary register, copy of which is Exhibit P.R. Assistant Sub Inspector Mohan Singh (P.W. 11) went to Civil Hospital, Panipat and recorded the statement (Exhibit PG ) of Balbir Singh (PW 3). On the basis of that statement, formal First Information Report (Exhibit PG/2) was drawn by Head Constable Hari Kishan. Bhola Nath expired in the Hospital at 3.55 P.M. Assistant Sub Inspector Mohan Singh held inquest (Ex. PB) and sent the dead body for autopsy. Dr Prem Kumar (P.W. 1) Senior Medical Officer, Civil Hospital, Panipat who performed the past mortem examination on the dead body of Bhola Nath on 2nd, June 1974 at 8.45 AM found the following injuries: - - 1 A lacerated wound 2 x 1/4 x 1/4" on the left front parietal region of scalp running longitudinally 3 1/2" above the left eye brow and 1 1/2" to the left of the mid line. 2. A lacerated would 1/2' X 1/4' x 1/8' x 1/" behind injury No. 1. According to the doctor, there was ecchymosts of blood in the subcutaneous tissues all over the scalp with a haematoma in the right and left temporo parietal region. There was fissured 'fracture of both the parital bones running transversely 5' above the root of the nose and going to the base of the skull in the anterior cranial fossa on the left side and radiating on the right side to the base of the skull in the middle cranial fossa. There was ecchymosis of blood over the meanings and in the substance of the whole of the brain. In the opinion of the doctor, death was the result of shock and haemorrhage due to injuries to the brain. The injuries were described to be ante mortem in nature and were sufficient to cause death in the ordinary course of nature. The probable time that elapsed between injuries and death was six hours and between death and post mortem examination about 18 hours. The case was earlier registered under section 308/34, Indian Penal Code. On the death of Bhola Nath, the offence was changed to section 304, Indian Penal Code. Sub Inspector Mulkh Raj (P.W 13) took over the investigation of the case from Assistant Sub Inspector Mohan Singh. He prepared the visual plan (Exhibit PS) of the place of occurrence and also lifted blood -stained earth. Cycle, Ex. P.5, cap. Ex. P2 and spectacles, Ex. P3 were recovered from the spot. Balwant Rai and Mahla Ram accused were arrested by Assistant Sub Inspector Mohan Singh on 2nd, June, 1974. On interrogation by the said Investigating Officer, Balwant Rai made a disclosure statement leading to the recovery of click of guaya tree, Exhibit P.1 from the specified place of concealment. Mahla Ram got recovered lathi; Exhibit P.6, Kishan Lal accused was at rested on; 10th June, 1974. On interrogation by Assistant Sub Inspector, Kishan Lal made a disclosure statement leading to the recovery of gandast, Exhibit P. 4. After necessary investigation, the accused were challaned and committed to the Court of Session.
(3.) BALBIR Singh (P.W, 3) and Lakhmi (PW.4) furnished the ocular version of the occurrence, while Lahmi (P.W. 4) deposed regarding the recoveries of weapons of offence in the course of investigation. Sent Sunheri (P W. 5) was tendered for cross -examination Ram Sarup Patwari (P.W. 8) prepared the sate plan. Ex. PQ. Assistant Sub Inspector Mohan Singh and Sub Inspector Mulkh Raj deposed to the investigation part of the prosecution.;