G. M. LODHA, J. - (1.) THESE are two appeals by accused Manphool and Gauri Shankar Against the judgment of Sessions Judge, Shri Ganganagar in Sessions Case No. 169/73 by which Manphool has been convicted under section 302 I. P. C. and sentenced to imprisonment for life, Gauri Shankar has been convicted under sec. 323, I. P. C. and sentenced to six months' simple imprisonment The other two accused Ramji Lal and Bhimraj were acquitted.
(2.) ACCORDING to prosecution the report of the occurrence was first made by the accused Manphool on 25-10-72 at 11-00 A. M. against Harphool Singh deceased. Manphool alleged that at about 7 00 A. M. in the morning when he and his son Gauri Shankar had gone to the field cutting Gowar, after half an hour the deceased came armed with Gandasi He abused Manphool and started beating him. In that process one of big finger was injured. Manphool then snatched the Gandasi and Harpal Singh took out his pistol, Manphool delivered Kassi blows on the wrist of Harpal Singh and Gauri Shankar delivered lathi blows. Upon this first information report the police sent a requisition for medical examination of Manphool. Dr. Gangaram D. W. I on examination of Manphool found that he sustained two incised wounds and there was swelling on the back of right wrist. On the same day at about 2. 00 P. M. Guru Deo PW. 8 lodged another report Ex. P. 9. It was alleged that in one RMS Canal area, in village, Gudia there was land measuring 38 Killas which was purchased by Guru Singh P. W. 4 from Shanti PW, 5 Guru Singh agreed to sell this land to his uncle Harpal Singh and executed an agreement of sale Ex. P 8 on 24-3-72. Nineteen killas of this land was cultivated by Harpal Singh and Guru Deo Singh. Regarding the remaining part of this land Manphool asserted his title and inspite of that they had sown Gowar Bajri It was further alleged that Manphool filed a case of Marpit against them and the same was found to be false. Due to this ill will Manphool along with Gauri Shankar, Bhimraj and Ramji Lal came at 8-00 A. M. of this morning and appeared near the hut in the disputed land. They were cutting Gowar and when Harpal Singh went to prevent them from this action, Manphool gave a kassi blow on the head of Harpal Singh. Harpal Singh fell down, and then Gauri Shankar and Bhimraj gave Kassi blows and Ramjilal gave lathi blows. On hearing the cries of Harpal Singh, Guru Deo Singh and Baldeo Singh ran for his help but Manphool threatened them by a revolver. Lal Singh PW 1 and Ajayab Singh PW, 2 also arrived on the scene and accused ran away. Harpal Singh was found dead. On the above report a case under section 302 read with section 34 I. P. C. was registered and P. W. 10 S. H. O. Roshan Ali commenced investigation.
(3.) AFTER preparation of the site plan Ex P. 2 description note Ex P. 2-A, Panchayatnama Ex. P. 6 description note Ex. P. 7 blood stained earth memo Ex P. 3, recovery of safa and pair of shoes from the spot by memo Ex. P. 5 the Investigating Officer sent the dead body for post mortem examination which was done on 26-10-72. The accused were arrested and one pistol and three cartridges were recovered by memo Ex. P. 11 in pursuance of information Ex. P. 20 of Manphool Kassias were also recovered from Manphool, Bhimraj and Gauri Shanker. A lathi was recovered from Ramjilal. The investigation of the first case resulted in a finding that the report of Manphool Ex. P. 24 was false and a final report was given. ;