R. S. VERM A, J. - (1.) LEARNED Addl. Sessions Judge No. 1, Hanumangarh, exercising jurisdiction in sessions division, Sriganganagar, has convicted accused-appellants Inder Singh @ Thunia Singh and Nahar Singh for offences under sections 302 read with 34 I. P. C. and 450 I. P. C. on the first count, he has sentenced each one of the appellants to undergo imprisonment for life and to pay a fine of Rs. 1000/- each and in default to undergo further rigorous imprison-ment for six months. On the second count, each of the appellants has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- each and in default, to undergo further rigorous imprisonment for three months each. Both the substantive sentences have been ordered to run concurrently. Aggrieved, Inder Singh has filed D. B. Criminal Jail Appeal No. 367/85 while Nahar Singh has filed D. B. Criminal Jail Apeal No. 368/85. Since both the appeals arise out of a common judgment, they have been heard together and are being disposed of by a single judgment.
(2.) THE appellants and the deceased as also PW 1 Kishan Singh and PW 2 Vijay Singh are close relations as would be evident from the pedigree given below:- Jeet Singh Khangar Singh @ Gang Singh Ram Singh Kalu Singh Ganpat Singh Bhopal Singh Bhani Singh Sohan Singh Himmat Singh Kishan Singh PW1 Vijay Singh PW2 Nahar Singh (appellant) Iner Singh (appellant) The prosecution story is that certain agricultural land of Khangar Singh the grand father of the appellants was under cultivatory possession of Ganpat Singh and his sons PW 1 Kishan Singh, PW 2 Vijay Singh and Himmat Singh since deceased. Sohan Singh, father of the appellants claimed l/3rd share in the said land and some litigation ensued between the appellants on one hand and PW 1 Kishan Singh, PW 2 Vijay Singh and deceased Himmat Singh on the other hand. Thus, the relations between the two branches of the families were strained. As a sequal, Sohan Singh aforesaid was murdered. Three persons were arraigned at the trial for murder of Sohan Singh, namely Amar Singh s/o PW 1 Kishan Singh, PW 2 Vijay Singh himself and Babu Singh son of deceased Himmat Singh. The prosecution story is that at the aforesaid trial, Amar Singh and Vijay Singh were acquitted but Babu Singh was convicted. The appellants, therefore, bore a grouse towards Himmat Singh, whose son had been convicted for the murder of the father of the appellants. The prosecution story, further, is that PW 1 Kishan Singh and PW 2 Vijay Singh were residing in village Dhaba itself while Himmat Singh aforesaid was residing at Ladam with his sister even though he had a house at Dhaba and his sons were residing in the dhanis of village Dhaba. Himmat Singh came to village Dhaba on 21. 3. 83 and stayed that day and following night with PW 2 Vijay Singh. On 22. 3. 83 at about 12 noon, Himmat Singh took his lunch at the residence of PW 2 Vijay Singh. PW 1 Kishan Singh happened to be present at the time Himmat Singh was taking his lunch. After Himmat Singh had taken the lunch, PW 1 Kishan Singh and Himmat Singh left for the house of Himmat Singh and reached the house of Himmat Singh within a shortwhile. Both of them squatted in the outer room of Himmat Singh for a while and then Himmat Singh got ready for taking a bath in that very room. He got up and sat on a 'pata'. No sooner Himmat Singh had sat on the 'pata', the accused-appellants entered the room of Himmat Singh from its eastern door. Each one of them was having a sword. Both of them dealt a sword blow each on the head of Himmat Singh with the result that Himmat Singh fell down from the 'pata'. Seeing this, PW 1 Kishan Singh ran out of the room and rushed to the house of PW 2 Vijay Singh. He informed PW 2 Vijay Singh of this incident at which Vijay Singh accompanied with Kishan Singh, came towards the house of Himmat Singh and from behind the turn of the street, they saw appellants dragging Himmat Singh from the chabutara of his house to the street. After dropping Himmat Singh on the street, the appellants ran away. Kishan Singh and Vijay Singh then went near Himmat Singh and touched him and found that he had already died. On this, PW 2 Vijay Singh stayed on with the dead body of Himmat Singh While PW 1 Kishan Singh proceeded for police station, Sangaria at a distance of 7 miles. PW 1 Kishan Singh lodged a report of the incident at about 3. 45 p. m. with PW 4 Gopala Ram, S. H. O. of police station, Sangaria. Gopala Ram got a formal F. I. R. Ex. P1 recorded and proceeded for the scene of occurrence. He found the dead body of Himmat Singh lying on the street opposite the house of the deceased. He prepared a site plan Ex. P3 at the instance of PW 1 Kishan Singh. He also prepared index of the site plan Ex. P3 in this regard. He examined the dead body of Himmat Singh and prepared inquest report Ex. P4. He made certain recoveries from the spot including blood stained earth from the outer room of Himmat Singh and from the street as also control soil from the two places. He recorded the statements of the witnesses and got an autopsy performed on the dead body next day. This autopsy was performed by PW 3 Dr. Suresh Chandra Jain on 23. 3. 83 at 11 a. m. The dead body was identified by PW 1 Kishan Singh. Dr. Jain found rigor mortis present in all the four limbs. He also found post-mortem lividity present on the dependent parts of the body. The doctor found the following external injuries* on the person of the deceased: - (1) Transverse incised wound measuring 10 x 6 cms. in front of neck with inverted margins. On exploration of this injury, he found the wound full of blood clots. (2) Irregular incised wound, transverse in direction measuring 7. 5 x 5 cms. x bone deep cutting right ear. Transverse gone to right occipital protuberance. (3) Incised wound measuring 10 x 5. 5 cms. x bone deep. Transversely oblique and from upwards to downwards in direction on the occipital region of the scalp with blood clots present thereon. (4) Incised wound measuring 5x2. 5 cms. x bone deep cutting the left ear. (5) Abrasion measuring 10 x 0. 5 cms. on right scapular region and transverse in direction. (6) Abrasion measuring 5 x 0. 25 cms. in middle of right forearm on antero-medial aspect. He found that under injury No. 1 trachea and oesophagus had been cut, second thyroid cartilage had also been cut and carotid artery and jugular vein on right side had been cut. He found that thyroid gland had retracted upwards under injury No. 1. Both the lungs of the deceased were congested. The chambers of the heart were empty. Bladder was full of urine. Stomach was empty while small intestines and large intestines were pale and full of gases. According to Dr. Jain, all the injuries found on the person of the deceased were ante-mortem in nature and the death of the deceased had been caused as a result of injury No. 1 leading to severe haemorrhage and shock. Dr. Jain prepared post-mortem report Ex. P2 in this regard. The prosecution case is that the blood stained clothes of the deceased were recovered after post-mortem examination vide Ex. Pll and were duly sealed. The case of the prosecution is that the accused-appellants were arrested on 9. 4. 83 by Shri Gopala Ram vide memo Ex. P 12 pertaining to Nahar Singh and Ex. P13 pertaining to" Inder Singh @ Thunia Singh. The prosecution story, further, is that on 14. 4. 83 at 7. 15 a. m. , Nahar Singh gave information in respect of a sword, which was recorded by Gopala Ram vide Ex. P14. The same day at 7. 30 a. m. Indersingh volunteered informations to Gopalaram regarding a sword vide Ex. P15. In pursuance of the information furnished by Nahar Singh, a sword was recovered by Gopala Ram the same day at 9. 15 a. m. from the field of Nahar Singh concealed in 'kanak' vide Ex. P16. The same day after about 30 minutes i. e. at 9. 45 a. m. , another sword was recovered by Gopala Ram at the instance of Inder Singh from that very field concealed in 'kanak' vide Ex. P17. Gopala Ram sealed both the weapons and prepared a plan Ex. P18 and its legand Ex. P18 A with regard to this recovery. The prosecution story, further, is that the various articles recovered during the course of investigation were sent to State Forensic Laboratory and a report Ex. P19 was received with regard to them. Upon such material, the accused-appellants were challaned in the court of Munsif & Judl. Magistrate, Sangaria, who committed them to Sessions to stand trial for offences under sections 3g2 and 450 I. P. C
(3.) THE learned Addl. Sessions Judge No. 1, Hanumangarh, who was ceized of the case, framed charges against the accused persons for offences under sections. 302 and 450 I. P. C. Both the accused pleaded not guilty and claimed trial. The prosecution examined PW 1 Kishan Singh, PW 2 Vijay Singh, PW 3 Dr. Suresh Chandra Jain and PW 4 Gopala Ram in support of its case; In their statements recorded u/s 313 of the Criminal Procedure Code, both the accused persons completely denied the prosecution story and alleged that they had been falsely implicated due to enmity. They denied that any weapons had been recovered at their instance. They, however, did not lead any evidence in defence. ;