Ranjit Singh Sarkaria, J. - (1.) ISHAR , aged 72 years, and his sons, Surat Singh, aged 38 years, and Hoshiara, aged 30 years, of village Lakhan Majra, Police Station, Meham, tehsil Gohana, were tried by the Sessions. Judge, Rohtak, for the double murder of their co -villagers, Rulia and his son, Suraj Mal. The learned Sessions Judge has acquitted Ishar and Hoshiara, but has convicted Surat Singh and sentenced him to death. Against that order of the Sessions Judge, Surat Singh convict has preferred Criminal Appeal 278 of 1969, while Murder Reference 28 of 1969 is also before us for confirmation of the death penalty inflicted on Surat Singh. Both will be disposed of by this judgment.
(2.) BRIEFLY stated, the prosecution story is that about 1 1/2 years before the murders in question, Suraj Mal deceased had made an indecent assault on Shrimati Muchheri, sister of Surat Singh Appellant. Thereupon, a fight took place between the deceased persons, Rulia and Suraj Mal, on one side, and the acquitted accused Ishar and Hoshiara on the other. Respectables mediated and an apparent compromise was brought about. The accused, however, continued to nurse a grudge against the deceased. Prabhu, P.W. 3, a brother of Rulia deceased, on October 24, 1967, took his turn of canal water from Shiv Nand of village Kharak Jattan at 4 P.M. for irrigating his land situated near the Canal Rest House Bansi, in the revenue estate of the adjoining village Kharak. His turn lasted three hours. At 7 P.M. Suraj Mal deceased took his turn of canal water which was to terminate at 4 A.M. on October 25, 1967. Shortly thereafter, Rulia deceased also came there with the meals of his son and joined him in the irrigation. Prabhu went away to the village. Early next morning, Shrimati Giano, wife of Rulia deceased told the witness (Prabhu) that usually the deceased persons used to return home after irrigating the fields, at 5 A.M. and that they had not done so on that day. After sunrise, Prabhu proceeded to the fields to find out what the matter was. He took Mohinder and Baldeva also with him. On reaching the fields, he noticed that only 3 Bighas of the land had been irrigated and that the watercourse was dry. He shouted for Suraj Mal and Rulia but no one answered. He and his companions followed the watercourse and on reaching near the canal found that there was a breach in the watercourse. The field of Manphool was lying flooded. He sent back Mohinder to fetch Sat Narain, his brother. The remaining two proceeded further and noted blood at two places on the canal bank. They also found a shoe of Suraj Mal deceased lying there. There was also a trail of blood. This aroused suspicions of foul play. In the meantime, Sat Narain and Mohinder also reached there. After searching the canal, they brought out the dead -bodies of Rulia and Suraj Mal. They also found two brass empties and one bullet (lead -piece) lying on the canal bank. Deputing Lachhman and Bhura, Chowkidars to guard the spot, Prabhu proceeded to Police Station, Meham, 12 miles away, and lodged the First Information Report, Exhibit P.F. at 1.00 P.M. on October 25, 1967.
(3.) AFTER recording the First Information Report, Sub -Inspector -Kundan Lal proceeded to the spot. He took into possession the shoe, Exhibit P. 8, the empty cartridge cases, Exhibits P. 2 and P. 3, and lead bullet, Exhibit P. 4, and sealed them into separate parcels. He also removed blood -stained earth from two places from the canal bank and sealed them into parcels, - -vide memo Exhibit P.H. He prepared the injury statements, Exhibits PJ/1 and PK/1, and the inquest reports, Exhibits PJ and PK, in respect of the dead -bodies of Rulia and Suraj Mal and sent the same under the escort of Joga Ram and Ved Bharat Constables to Medical College, Rohtak. He also prepared the visual site -plan, Exhibit PS.;