SINGH, J. - (1.) ACCUSED appellant Swaran Singh has allegedly murdered his own father-in-law Teja Singh at about 9. 30 P. M. on 16. 5. 1977 in the agricultural field by causing blows on the vital parts from iron sabbal. The hue and cry attracted PW-2 Balvindra Singh son of deceased as also PW-1 Hemaram followed by PW-3 Manga Singh and PW-5 Jodgendra Kaur son and wife respectively of the deceased.
(2.) A written FIR Ex. P/2 was lodged by Balvindra Singh at 11. 30 P. M. on 16. 5. 1997 itself. Accused appellant Swaran Singh was put under arrest at 6. 15 P. M. on 17. 5. 1997. He gave a voluntary disclosure statements Ex. P/24 at 4. 00 P. M. on 18. 5. 1997 and in pursuance thereof got a sabbal recovered vide Ex. P/14 from his residential house on 19. 5. 1997 which was sealed there and then. After usual investigation accused was challaned and charged for offence of murder by the trial court. Upon his pleading not guilty and claiming trial prosecution examined 9 witnesses and exhibited 24 documents. In statement given under Section 313 Cr. P. C. accused appellant denied all incriminating evidence appearing against him and pleaded that he has been falsely implicated. No evidence in defence was examined. The learned trial court after threadbare discussion of the evidence convicted accused appellant Swaran Singh under Section 302 IPC and sentenced him to life imprisonment alongwith a fine of Rs. 500/- which has been assailed herein. Mr. Kharlia learned counsel for the appellant has taken us through the evidence and tried to impress upon us that it was a blind murder in the night and in the fields while the deceased was asleep and only on the conjectures and surmises accused appellant has been implicated because about half an hour prior to occurrence deceased and the accused appellant had altercation in the field itself and was separated by PW-3 Manga Singh who took the accused to his house. On the contrary learned Public Prosecutor has supported the impugned conviction and sentence.
(3.) WE have carefully considered the rival contentions. The homicidal death of Teja Singh has not been disputed by the learned counsel for the appellant. However, the same has been proved not only by ocular testimony of PW-2 Balvindra Singh, PW-3 Manga Singh and PW-5 Jogendra Kaur who are sons and widow respectively of the deceased. PW-7 Dr. Devilal who conducted autopsy on the dead body and prepared postmortem report Ex. P/16 has found following ante mortem injuries on the dead body:- 1. Bruise with lacerated inct. 33" x 2" on left eye brow, wound 1/4" x 1/4" x 1/4" in it simple blunt. 2. Lacerated wound 2-1/2" x 1" x 1" on left occipital region on culture fractum with laceration of brain detailed beneath it. 3. Lacerated 1" x 1/2" x 1/2" on left side of neck laterally, simple blunt. 4. Lacerated 1" x 1/2" x 1" on skull joint behind and above right ear. Mustoid bone flued detected fractured and brain lacerated beneath it. 5. Bruise with swelling on left fore arm mid region 44" x 9" with fractured both bone. According to PW-7 Dr. Devilal the cause of death was dangerous injuries to brain caused by injuries No. 2 and 4 which in ordinary course of nature were sufficient to cause death. ;