S.S. Dewan, J. - (1.) Tara Singh aged 75 years and his brother Vir Singh age 80 years, residents of village Masana, District Karnal were brought to trial for committing the murder of Gurbachan Singh. Both the accused were convicted under section 302 read with section 34 Indian Penal Code and each of them was sentenced to life imprisonment. Criminal Appeal No. 680 of 1977 has been filed by Vir Singh while Criminal Appeal No. 758/1977 has been filed by Tara Singh. Both of them will be disposed of by this judgment.
(2.) Briefly, the prosecution case is that in the month of April, 1976 Tara Singh accused approached Dalip Singh P.W. and told him that he suspected his (Dalip Singh's) son Gurbachan Singh deceased having illicit liaison with his daughter Kiran Bala and he should ask him to behave. Dalip Singh told Tara Singh that he should take care of his daughter and he would also reprimand Gurbachan Singh. Thereafter, Tara Singh took away his daughter and left her somewhere with his relations. It is stated that later on Tara Singh brought his daughter back to the village and performed her marriage on 5th May, 1976.
(3.) The prosecution story goes that on the night intervening 19/20th July, 1976 Dalip Singh and his brother Tarlok Singh P. Ws. were sleeping on the roof of their house while Gurbachan Singh deceased was sleeping on a cot in the lane. Didar Singh P.W. was sleeping on platform situated in front of his shop which opens towards the lane. The electric light was on outside the shop. At about midnight, these witnesses woke up on hearing the cries of Gurbachan Singh to the effect that Tara Singh and Vir Singh had thrown upon him. They got up from their cots and saw that Tara Singh and Vir Singh accused were standing by the side of the cot of Gurbachan Singh. Tara Singh was holding one Handi (earthen pot). He dropped that earthen pot at the spot and then both the accused bolted away towards the house of Vir Singh accused. The aforesaid three witnesses came near Gurbachan Singh and attended to him. On hearing the laula, Nishan Singh P.W. also reached the spot and on his enquiry, Gurbachan Singh told him that Tara Singh and Vir Singh had burnt him with acid. Gurbachan Singh received extensive burns with acid. He was removed to the B.N.C. Hospital Kurukshetra by the aforesaid P. Ws. in a tractor-trolley. Nishan Singh remained at the spot to guard the same. Didar Singh got down from the tractor-trolley at Police Post Pipli and made statement Ex. P.K. before A.S.I. Om Parkash (P. W. 13) who was then posted as Incharge of the said Police Post. The said statement was recorded at 1-30 A.M. on 20th July, 1976. On the basis of statement Exhibit P.K., formal F.I.R. Ex. PF/2 was recorded at Police Station Thanesar by Sub Inspector Baldev Raj (P.W. 12).;