V.S. Kokje, J. - (1.) All the four appellants viz. Mehtab Singh @ Kala Singh, Jang Singh, Balkar Singh and Guljar Singh have been convicted under Section 302/34 of the Indian Penal Code and sentenced to life imprisonment with a fine of Rs. 100/- each, in default of payment of fine to undergo rigorous imprisonment for a period of one month each.
(2.) On April 13, 1988 at 12.15 p.m. one Jaswant Singh went to Police Station, Sri Karanpur and informed the Police that at about 10.30 in the morning of that day, his 'siri' (agricultural labour), Billu, Makhan Singh and Lakhan Singh came to him and told that his father Mahendra Singh) Pahalwan Singh was dragged away by Mehtab Singh and Jang Singh and was hit by means of 'kasia' and Balkar Singh and Gulzar Singh were also with Mehtab Singh and Jang Singh. He also informed the Police that Billu and Makhan Singh told him that the accused persons have killed his father. First Information Report was lodged and after investigation, the accused persons were prosecuted and convicted and sentenced as aforesaid. Earlier cognizance was not taken against Balkar Singh and Gulzar Singh but later on March 14,1990, cognizance was taken against them also.
(3.) The learned counsel for the appellant submitted that the witnesses relied on by the trial Court were not reliable. That, FIR was recorded after visiting the site and after constitution and deliberation. That, FIR was not sent to the Magistrate Court forthwith but was sent on April 14, 1988. According to the learned counsel, this would cause a grave doubt about the time of the lodging of the FIR. It is further contended that Balvindra Singh @ Lallu (PW 4) was an important witness who has not supported the prosecution and without corroboration from him PW 2 Makhan Singh's statement could not be relied upon. It was also contended that there were injuries on the body of accused Jang Singh which were not properly explained and the FIR lodged by Jang Singh was not acted upon.;