SHYAM SUNDER BYAS,J. - (1.) BY this judgment dated November 28, 1981 the Additional Sessions Judge(1), Hanumangarh convicted the accused Pritam Singh under Sections 302/34, 307/34 and 449, IPC and sentenced him to imprisonment for life on the first count and rigorous imprisonment for ten years on the second count and seven years' on the last count. Sentences were directed to run concurrently.
(2.) THE incident is alleged to have taken place at about 8.00 a.m. on July 6, 1960 in village Gaddar Khera P.S. Hanumangarh district Ganganagar, in which one Dularam Harijan was hacked to death and severe gun -shot injuries were caused to one woman. In brief, the prosecution case is that PW 1 Kripalsingh and PW 2 Smt. Nihar Kaur and husband and wife and PW 3 Samshersingh is their son. Kripalsingh has five sons and they all lived jointly in village Gaddar Khera. PW 4 Modansingh is also a resident of the same village. He had a brother Arjunsingh by name. Arjunsingh has three sons Jojendrasingh, Kakasingh and the appellant Pritamsingh Modansingh (PW 4) owned 15 -1/2 Bighas agricultural land, which he sold to PW 1 Kripalsingh by a registered sale -deed. Arjunsingh and his sons did not cherish this sale and possession, therefore, could not be delivered to Kripalsingh by Modansingh. This resulted in litigation between Arjun Singh and Kripalsingh. A few days before the occurrence, Arjunsingh plunged a spear to Kripalsingh. A case was registered in respect of that incident against Arjunsingh. The deceased Dularam happened to be a prosecution witness on behalf of PW 1 Kripalsingh Arjunsingh and his sons, therefore, started harbouring an ill -will against Dularam.
(3.) AT about 8.00 a.m. on July 6, 1960, PW 1 Kripal Singh and Dula Ram were sitting in the courtyard of the house of Kripalsingh. PW 2 Smt Nihar Kaur was collecting cow dung. PW 3 Sameshersingh was also working with her. All of a sudden, there was a gun shot. Kripalsingh and Dularam got -up and ran for safety. Kripalsingh went in the kitchen while Dularam took shelter in the Kotha. Smt Nihar Kaur went towards the gate of her house. The appellant Pritamsingh accompanied with Kartarsingh and Kashmirsingh came to her and started beating her. Kakasingh, who had also come there, fired a shot at Smt. Nihar Kaur, which hit her left palm. Pritamsingh appellant, Kartarsingh and Kashmirsingh went in the Kotha where Dularam had taken shelter. Each of them had a kripan' (sword). They started inflicting blows to Dularam with their kripans. Dularam raised cries. The accused stopped inflicting blows to him only when he (Dularam) passed away. There alter the four miscreants, namely, Pritam Singh, Kashmirsingh, Kartarsingh and Kakasingh sped away hurriedly towards their house. Kashmirsingh and Kartarsingh were not the resident of village Gaddar Khera. They resided in Punjab and were brought by accused Pritamsingh and Kakasingh for their help Kripalsingh after when the miscreants left his house, went to Police Out Post, Sadulshahar, where he reached at about 12.30 Hours on the same day. He lodged verbal report Ex. P 1 of the occurrence. The police registered a case took -up the investigation. PW 6 Danasingh, who was then the Station House Officer, arrived on the spot and prepared the inquest report of the dead body of Dularam, which was lying in the Kotha of Kripalsingh. He also inspected the site and prepared the site plan. The blood stained soil was seized and sealed. The guns, which two of the miscreants had, and one of which was snatched by Smt. Nihar Kaur and Samshersingh from one of the miscreants, were seized and sealed. The injuries of Smt. Nihar Kaur (PW 2) were examined by Dr B.D. Jain the then Medical Officer Incharge, Government Hospital Sadulshahar. He found injuries caused by gun -shot and blunt weapons on her body. The injury report prepared by the doctor is Ex. P 14. The medico -legal autopsy over the dead body of Dularam was also conducted by Dr. Jain at about 5.30 p.m. on the same day. The doctor noticed the following ante mortem injuries: (1) Incised wound 5 -1/2' X 3 -1/2' in front of the neck running from one angle of the mandible thereby cutting the juglar and carotid vessels of both sides, trachea, larnyx and pharynx. Clotted blood present; (2) Incised wound 5/1 -2' X 2' X bone deep on the left pariatal bone, A piece of fractured bone found entered into the brain substance; (3) Incised wound 7' X 2/1 -2' X 1/1 -2' starting just near the lobule of the left ear going to the accipital bone causing its fracture; (4) Incised wound 3/4' X 1/2' X 1/2' in the right infra clavicular fossa; (5) Incised wound 2' X 1/2' X 1/4' left fore -arm lateral aspect lower one third; (6) Incised wound 2' X 1/2' X 1/2' left arm back lower one third; (7) Incised would 1' X 1/2' X 1/4' left band medial aspect; (8) Incised wound 2' X l/2' X 1/4' dorsum of right hand; (9) Incised wound 1/2' X 1/4' X 1/6' second knucle of the right thumb; (10) Incised would 1/2' X 1/4' X 1/6' first knucle of the right index finger. In the opinion of Dr. Jain, the cause of death of the victim was haemorrhage and shock due to cutting of big vessels and injuries to the vital organs. He was also of the opinion that injuries No, 1 and 2 individually and the remaining injuries collectively were sufficient in the ordinary course of nature to cause death. The post -mortem examination report prepared by him is Ex. P. 13. The police arrested Kaka Singh, Kartar Singh and Kashmir Singh. The present appellant Pritam Singh, however, could not be arrested on account of his absconding. On the completion of the investigation the police submitted a challan against the aforesaid three persons in the Court of the Sub -Divisional Magistrate, Hanumangarh, who committed the case for trial to the Court of Sessions. The trial was conducted by the learned Sessions Judge, Ganganagar. The learned Sessions Judge convicted all the aforesaid three persons. In appeal, Kashmir Singh was acquitted. However, the conviction of accused Kaka Singh and Kartar Singh under Sections 302/34 and 452, IPC and the sentences passed thereunder were maintained by this Court, by the judgment passed on November 21, 1963. ;