RAJENDRA SAXENA, J. - (1.) THESE appeals have been preferred against the judgment dated 18.1.1989 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar, whereby he convicted and sentenced the appellants as under: Name of the Offences Sentencesappellants1. Gurdeep Singh Under Sections Under Section 459 IPC 5 years'459, 307 and R.I. and a fine of Rs. 200/ -;302 IPC indefault 6 month R.I.2. Smt. Chandra Kaur Under Sections Under Sections 307, 307/34 IPC 6459, 307/34, years' R.I. and a fine of Rs. 300/ -302/34 IPC indefault 8 months' R.I. UnderSections 302, 302/34 IPC lifeimprisonment a fine of Rs. 200/ -indefault 2 years' R.I.3. Dhanna Singh Under Section. Life imprisonment and a fine of302 read with Rs. 200/ - indefault R.I. for 2109 I.P.C. years.4. Udai5. Talla Singh6. Shamshersingh
(2.) SINCE aforementioned appeals arise out of the same judgment, those are being decided by a common judgment. Now briefly the factual matrix: Appellant Gurdeep Singh is the husband of appellant Chandra Kaur. Appellant Dhanna Singh on the day of alleged incident was Up -Pradhan, Panchayat Samiti, Sardul Shahar. Appellants Udai Singh and Talla Singh are real brothers. Udai Singh is Ex. Pradhan of Panchayat Samiti, Sardul Shahar. Appellant Shamsher Singh is the real brother of P.W. 6 Avtar Singh, the father of deceased Bhupendra Singh. It is alleged that Plot no. 144 in Sector 2 situated in mandi Sardul shahar initially belonged to one Smt. Ramkali Nurse. On that plot, one Babu Singh raised some construction. He died leaving his daughter Smt. Pritam Kaur w/o Surjeet Singh. It is further alleged that on the half portion of the said plot, appellant Gurdeep Singh got unauthorised possession at the behest of appellant Dhanna Singh, Smt. Ramkali and Surjeet Singh sold that plot to P.W. 6 Avtar Singh and executed an agreement dated 24.10.83. The eastern portion of that plot was in possession of deceased Bhupendra Singh. It is the case of the prosecution, that appellants Gurdeep Singh and Smt. Chandra Kaur bore enmity with Bhupendra Singh over the possession of the said plot. On 9.3.84, P.W. 1 Smt. Jasmail Kaur, the mother of the deceased alongwith Krishan came from her Chak to Mandi Sardul Shahar to make some purchases, that at about 3 p.m. when they reached near the residential house (Plot No. 144) of Bhupendra Singh, they saw the latter running out therefrom and his left hand was bleeding and that appellant Gurdeep Singh armed with a sword and appellant Smt. Chandra Kaur, having a 'Gandasi' were running after him. It is alleged that Gurdeep Singh inflicted sword Wows on the head of Bhupendra Singh, who fell down near the house of Sheopat Kumar, that at that time appellant Smt. Chandra Kaur was exhorting her husband to finish off the enemy, that when P.W. 1 Smt. Jasmail Kaur came toward the deceased, appellant Chandra Kaur told her that she would also be finished. Thereafter appellants Gurdeep Singh and Chandra Kaur ran away. It is the case of the prosecution that Smt. Jasmail Kaur went inside the house of the deceased, where she found P.W. 2 Mangat Ram lying injured, his left jaw was severely cut and profusely bleeding. Mangat Ram informed her that he alongwith the deceased were sitting in the room, that all of a sudden appellants Gurdeep Singh and Smt. Chandra Kaur, who were armed with sword and 'Gandasi' respectively, came there, that Gurdeep Singh dealt a sword blow causing injuries on his left 'Kanpati', that Gurdeep Singh gave a second blow on Bhupendra Singh, who awarded off the same by raising his right hand and sustained injuries and that thereafter deceased ran away from his house and those appellants chased him. It is also the case of the prosecution that P.W. 3 Jagsir Singh, who is the brother -in -law (Sala) of the deceased and whose office was situated nearby, after hearing about the incident came there within few minutes. P.W.I Smt. Jasmail Kaur leaving Jagsir Singh to look after the dead body of Bhupendra Singh rushed to Police Station, Sardul Shahar, which is situated at a distance about one kilometer. She lodged an oral report about the incident to P.W. 10 Prithvi Singh S.H.O. at 3.30 p.m., who drew the F.I.R. Ex. P. 1. Prithvi Singh immediately reached the spot and found the dead body of Bhupendra Singh lying near the house of Sheopat Kumhar. He inspected the sites of both the incidents and prepared site plan Ex. P. 2 and memo thereof Ex. P. 2A. He also prepared autopsy report Ex.P. 4 of the deceased and memo of the dead body Ex. P. 5, He seized and sealed the turban (Pagree) of the deceased Article 4, which was stained with drops of blood and lying about 12 ft. away from the dead body vide seizure memo Ex.P. 6. He also lifted the samples of blood stained soil and controlled sample from the place, where the dead body was lying and also from the room, where injured Mangat Ram was lying vide seizure memos Ex.P. 9 and Ex.P. 10 respectively. Prithvi Singh also found that inside the room a cot and a portion of the door of that room were blood stained. He, therefore, seized and sealed the blood stained piece of the cot Article 10 and the blood stained piece of door Article 9 vide seizure memo Ex.P. 11.
(3.) INJURED Mangat Ram was immediately taken to the Primary Helth Center, Sardul Shahar. On police requisition, P.W. 4 Dr. Kailash Chand examined him on the same day at 3.40 p.m. and found an incised wound with bleeding 7'x11/2' x bone deep on the left upper lip, left side of the face, lower part of pinna and part of post auricular region of Mangat Ram, who was bleeding profusely. First aid was given to him and M.L.R. Ex.P. 20 was prepared. Since his condition was serious, the doctor referred him to Government Hospital, Ganganagar for X -ray examination, surgical consultation and immediate treatment.;