A.K.MATHUR, J. - (1.) THIS appeal has been preferred against the judgment dated 2nd of February, 1988 passed by the Learned Additional Sessions Judge No. 1, Sri Ganganagar by which appellant Jangir Singh was convicted Under Section 302, IPC and sentenced to imprisonment for life, and appellant Ninder Singh was convicted Under Section 302 read with Section 34, IPC and sentenced to imprisonment for life.
(2.) BRIEFLY stated, the facts of the case leading to the trial of the appellants and the present appeal are that when on 11.9.1986 at about 4 or 5 a.m. Ameer Singh, deceased alongwith his wife Taro Bai (PW 1), son Pala Singh (PW 2) and daughter Jaggro was sleeping outside his house, the two appellants came to him and asked him to accompany them. On his asking why they wanted him to accompany them, he was told that he may take the bicycle from his house. Despite Taro Bai asking him not to go, Ameer Singh accompanied Jangir Singh and Ninder Singh and went to the diggi outside the house of the appellants, at a little distance from the house his. Jagar Sing, father of Ninder Singh instigated them to give a beating to Ameer Singh. Jangir Singh inflicted kasia blow on the head of Ameer Singh and when he fell down, Ninder Singh caused injuries on his right foot, cali and behind the knee with Gandasi. On Ameer Singh raising a cry, Taro Bai and Pala Singh reached there and rescued them. They took him to their house on a cot. Jaggar Singh, the brother in law of Ameer Singh, who had come to see his daughter in the village, also reached the house of Ameer singh at about 7 a.m. At 8.30 a.m. he went to Karanpur to bring a jeep and returned at about 9 a.m. At 12 a.m. Ameer Singh went to police station, Karanpur Ameer Singh lodged the report Ex. P. 2. He was then taken to Karanpur hospital. Dr. Iqbal (PW 3), incharge of Primary Health Centre, Karanpur, examined the injuries of Ameer Singh. At 2.10 a.m. on 11.9.1986 he prepared the injury report Ex. P. 7. The doctor noted following injuries on his person. 1 Lacerated wound 7 cm x 1 cm x bone deep Anterior to Vertex. 2. Incised wound 1 1/2 cm. x 1 cm x 1/2 cm lateral upper third of left leg. 3. Incised wound 2 1/2 cm x 1 cm x 1/2 cm medial of right poptitial. 4. Incised wound 1 cm x 1/2 x 1/3 cm medial upper third of right leg. 5. Swelling - -Middle of right leg all around. 6. Swelling - -Middle of left leg all around. The doctor sent the injured to Ganganagar for x -ray. The x -ray report Ex. P. 8 was received by the doctor. The injured returned from Ganganagar and was treated by Dr. Iqbal Singh. Dr. Iqbal Singh asked him to get the injuries No. 1,5 and 6 x -ray again because the first x -ray report was not clear. The patient, however, did not go for x -ray. On 14.9.1986 at 5 p.m. Ameer Singh expired. Dr. Iqbal Singh conducted the autopsy over the dead body. Postmortem Examination Report is Ex. P 9. Initially the case was registered Under Sections 307, 341, 323 read with Section 34, IPC on the basis of information furnished by injured Ameer Singh but subsequently on his death case Under Section 307 was converted into 302, IPC. SHO, Hukam Singh (PW 10) conducted investigation on 23.9.1986. He arrested the two appellants and Jaggar Singh on 26.9.1986. In pursuance of the information Ex. P 12 furnished by appellant Jangir Singh, the SHC) recovered one iron Kassia with wooden handle, measuring about 5' in length, from the roof of the kotha of Jangir Singh. In pursuance of the information Ex. P 13 furnished by Ninder Singh, the SHO recovered one gandasi with wooden handle, measuring about 3' in length, from the roof of the kotha of Ninder Singh. The recovered weapons and the blood stained clothes of deceased Ameer Singh were sent for chemical examination. The report of the Chemical Examiner is Ex. P 25. Upon completion of necessary investigation, chargesheet against the appellant and Jaggar Singh (since acquitted by the learned trial Judge) was filed in the Court of Munsif and Judicial Magistrate, Karanpur. The learned Magistrate committed the case to the Court of Additional Sessions Judge No 19 Sri Ganganagar. Upon the denial of the charges by the accused, the learned Judge proceded with the trial. Prosecution examined 11 witnesses to substantiate its case. In their statements Under Section 313, Cr. PC all the accused denied the allegations and stated that deceased Ameer Singh was a Mukhbir of the Excise Department and was helping the department in getting detected the hearth for stilling illicit liquor and the persons engaged therein and, therefore, they cannot say who murdered him. That, they have been falsely implicated. No defence witness was examined.
(3.) THE learned Judge did not hold Jaggar Singh guilty of the charge and acquitted him. The case against the appellants was however held to be established from the statements of Taro Bai and Pala Singh and they were convicted and sentenced as stated earlier.;