ASHOK KUMAR MATHUR, J. - (1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge, Raisinghnagar dated 27 -2 -1981 where by he has convicted the accused appellant under Section 302 I.P.C. and sentenced him to life imprisonment.
(2.) THE facts giving rise to this appeal are that on 4 -10 -1979 at about 9 a.m. one Sukhvindra Singh son of Kripalsingh Jat Sikh resident of 18 G.B. informed at Police Station, Anoopgarh that his brother -in -law accused Jagpal Singh lives along with his children in Chak 73 G.B. in a Dhani. His mother Sarjeet Kaur and his father in law Sarwansingh also reside with him. On 4 -10 -1979 at about 7 a.m. PW 3 Hardayalsingh son of accused Jagpalsingh, aged about 10 years came to his Dhani and informed his wife Amarjeet Kaur that in the night when he along with his younger brother were sleeping on cot with his mother and his grand -mother Sarjeet Kaur was sleeping on a separate cot the accused Jagpalsingh came and killed his.mother Chhindi and his grand mother Sarjeet Kaur with a Kassi. Both the deceased are lying in the Dhani Hearing this from Hardayalsingh, Sukbvindra Singh along with the villagers and his wife went to the Dhani of accused Jagpalsingh and found that the two dead bodies were lying in pool of blood on cots. On the basis of this information, a case under Section 302, Indian Penal Code was registered against the accused. The accused was arrested on 5 -10 -1979 and on the information given by him on 9 -10 -1979 an axe was recovered. One more axe with a broken handle was recovered from the scene of occurrence. Both the dead bodies were sent for post mortem. Necessary Panchnama and site plan were prepared. During the course of investigation, statements of Hardayalsingh, Amarjeet Kaur and Sarwansingh were also recorded under Sections 161 and 164 Cr. PC after close of the investigation, a challan was filed against the accused under Section 302 I.P.C. and ultimately the accused was committed for trial to the court of Sessions. The prosecution examined 8 witnesses and got a large number of documents exhibited. The defence examined only one witness. The plea of the accused was that his father -in -law Sarwansingh developed an illicit intimacy with his mother after the death of his father. He had grabbed his land which was not liked by the villagers and therefore he left his village and started living in the field in a Dhani with him. He further deposed that he wanted to remove him from this land and wanted to cultivate himself. Sarwan Singh his father in law, Bantasingh and Milkiyatsingh threatened him. He further submitted that on the fateful night when his mother and wife were murdered he had gone to the Police Station, Anoopgarh to lodge a complaint about danger to his life. But the Sub -Inspector was not available therefore he came back. He further deposed that Hardayalsingh his son is immature as he is a child and he has been tutored by Sarwansingh and Milkiyatsingh.
(3.) THE learned trial Judge, after recording the evidence and hearing both the parties, came to the conclusion that the prosecution has established beyond doubt that the accused has caused the death of both the deceased and, therefore, he found the prosecution case proved against the accused and convicted him under Section 302 I.P.C. and sentenced him to life imprisonment. Aggrieved against this, the accused appellant has preferred this appeal.;