R.L.GUPTA, J. - (1.) BALDEO Singh and Sukhdeo Singh, accused have been convicted for the offence under Section 302 IPC and have been sentenced to death by the learned Additional Sessions Judge, Hanumangarh, by his judgment dated 8 -9 -1976 for the murder of their brothers Gurdeo Singh and Hardeo Singh. The learned Additional Sessions Judge, Hanumangarh, has made a reference to this Court for confirmation of the death sentence, which has been registered as D.B. Criminal Murder Reference No. 1 of 1976. Aggrieved by their conviction and sentence the appellants preferred appeal through jail which has been registered as D.B. Criminal (jail) appeal No. 739 of 1976) and also represented appeal which has been registered as D.B. Criminal Appeal No. 788 of 1976. As the above mentioned Reference and the two appeals arise out of the single judgment of the learned Additional Sessions Judge, we propose to decide all of them by this common judgment.
(2.) THE deceased and the accused are real brothers. After the death of their father, there arose some dispute between the accused Baldeo Singh and Sukhdeo Singh on the one hand and the deceased Gurdeo Singh and Hardeo Singh on the other regarding some portion of the agricultural land. It is alleged that it is on account of this enmity that accused persons committed the murder of their two brothers. On 25 -6 -1975 Gurdeo Singh and Hardeo Singh went to their fields. Thereafter, the accused Baldeo Singh and Sukhdeo Singh, with Kasias in their hands, went there and cawed injuries on the persons of the decased with the result that both Gurdeo Singh and Hardeo Singh died on the spot. Another Gurdeo Singh (PW4) and Kalia (PW5) are said to be the eye -witnesses of the occurrence. Gurdeo Singh (PW4) came to village Santpura and related the incident to Sher Singh (PW1), who went to the scene of occurrence. He found Gurdeo Singh lying dead in Kila No. 2 Hardeo Singh in Kila No. 9. Thereafter, he went to the police station, Sangaria, where he lodged the First Information Report Ex. P/l. After investigation the police challaned the accused for the offence under Section 302, IPC in the court of the Judicial Magistrate, Hanumangarh, who committed them to stand their trial to the court of Additional Sessions Judge, Hanumangarh. The prosecution, in support of its case, examined nine witnesses and exhibited documents Ex. P/1 to Ex. P/45. The accused denied the charge. There were certain injuries on the persons of the accused. For these injuries their explanation is that they were taking the disks rfd;k on the cart from their fields fir repairs. On the way the bullocks startled with the result that the accused fell on the disks and got the said injuries.
(3.) WE have heard the learned Counsel for the accused and the learned Public Prosecutor for the State and perused the record of the case. The autopsy of the body of the deceased Gurdeo Singh was performed by Dr. S.N. Saini (PW6) on 25 -6 -75. He found the following external injuries on the person of deceased Gurdeo Singh: 1. Incised wound 2.2' x 11/2' x bone deep on right -maxillary region. 2. Lacerated wound 11/2' x 11/2' on frontal region -centrally placed, bone visible in the depth of wound. 3. Incised wound 11/2' x 11/2 x bone deep on right parietal regioB horizontally placed. 4. Incised wound 1' x 1/4' x mumclo deep on face anterior to right ear. 5. Incised wound 11/2' x 11/4' x bone deep on right mastoid region. 6. Incised wound 11/2' x 11/2' x scalp deep on fore -head above injury No. 2. 7. Lacerated wound 11/4' x 1' x muscle deep on route of penis inferiorly. 8. Lacerated wound 1' x 11/2 x skin deep near route of penis info riorly. On opening the dead body the doctor noticed that injuries numbers 1, 2, 3, and 6 mentioned under external injuries, show fractures on cleaning and dissection, there was no other fracture. Brain and meninges were torn and blood was present on brain under injuries numbers 2, 3, and 6, right maxills was fractured.;