S.S.SODHI, J. - (1.) THE challenge in appeal here is to the conviction of the appellant Sewa Singh for the murder of his brother Behal Singh.
(2.) THE incident occurred at about 9.30 P.M. on the night of April 6, 1994 in village Pandori Sidhwan in front of the house of Dalip Singh, another brother of the appellant Sewa Singh, and Behal Singh deceased. According to the prosecution, Sewa Singh sent his daughter Dalbinder Kaur to call Bahal Singh deceased from his house by telling him that he was wanted by her father Behal Singh there-upon complained her to her house. A few minutes later, however was seen coming running towards his house shouting bachao bachao, while being chased by Sewa Singh, who was armed with a khunda. One Harbans Singh is also said to have been with Sewa Singh and this Harbans Singh had with Aim a Kirpan. When Behal Singh reached near to the door of the house of his brother Dalip Singh, Sewa Singh gave him a blow on his head with his khunda as a result of which he fell down. Sewa Singh followed this up by, giving him another 3 or 4 blows with his Khunda as a result at which Behal Singh died at the spot. Sewa Singh thereafter went away. This incident it is said, was seen by the two sons of Behal Singh, namely Jarnail Singh and Balwinder Singh as also his brother Dalip Singh who had come out of his house on hearing the noise outside. Jarnail Singh then left to report this matter to the police. He met a police party at the bus stand Jhabal, where he made his statement exhibit PE to Assistant Sub-Inspector Dharamjit Singh on the basis of which the present case came to.
(3.) THE medical evidence consists of the testimony of P.W. 1 Jatinder Iqbal Saggu who deposed to the post-mortem examination conducted by him on the dead body of Bahal Singh deceased at 11 A.M. on April 7, 1984. The doctor found five injuries on the person of the deceased. These being 1. Irregular lacerated wound with irregular margins 3 cm X 2 cm surrounded by an abrasion cum contusion 5.5. cm X 4.5 cm on left cheek, 2 cms. below the lateral angel of the left eye. The wound was bond deep. 2. Irregular lacerated wound with irregular margins 3 cm X 2 cm. on the back of the head just behind the left ear lobe middle portion. The wound was scalp deep, underlying scalp contained clotted blood. 3. Irregular lacerated wound, with irregular margins (B) shaped 3 cm x 2.5. coms on the left side of the head 3. 5 cms behind the upper end of the left car. Dissection of injury No. 3. There was clotted blood in the underlying scalp and the skull was fractured adjacent to the wound. The underlying left cerebral hemisphere was lacerated and congested and contained hemisphere was also congested. 4. Contusion 2 cm x 1 cm. on the left side of fore-hand just above the left eyebrow. He underlying scalp was congested and cerebral cortex was also congested. ;