KANTA BHATNAGAR, J. - (1.) IN a trial for the charge under Section 302 IPC against Teja Singh appellant and under Section 302 read with Section 34 IPC against appellants Bhajan Singh and Mukhtyar Kaur they were held guilty for the aforesaid offences and by the judgment dated August 25, 1982 of the learned Additional Sessions Judge No. 1, Hanuman -garh all of them were sentenced to imprisonment for life.
(2.) FEELING aggrieved by their conviction and sentence the appellants have preferred this appeal in this Court. Succinctly narrated the prosecution case is that on August 15, 1981 at about 4 -4.30 p.m. Hazoora Singh (PW 6), his daughter Amro (PW 7) and Sadho Singh (PW 9) were sitting on cots beneath a tree out side the house of Hazoora Singh. When they heard cries from the house of Billoo Majhabi, all the three lushed towards that house and saw Malkiat Singh son of Hazoorasingh lying on a cot. Mukhtyar Kaur and Bhajan Singh appellants were catching hold of the legs of Malkiat Singh and Teja Singh was inflicting 'Kirpan' blows to him. The three appellants then jumped the wall going to the compound of Noor Samad and ran away. Malkiat Singh died instantaneous. Hazoora Singh (PW 6) went to Sarpanch Ram Pratap and on being asked by the latter to lodge the report at Police Station went to the Police Station Hanumangarh Junction and lodged the report with ASI Ikbal Singh (PW 10). The information reduced in to writing is Ex P 16. The ASI went to the site and prepared the inquest memo, site inspection memo and Panchnama of the dead body. On the next day. the ASI again went to the site and continued the invesigation. Teja Singh was arrested vide memo Ex. P 10 on August 23, 1981. On the information of Teja Singh Ex. P2. one 'Kripan' was recovered from his house which was taken in possession. Bhajan Singh appellant was also arrested on August 23, 1981 vide memo Ex. P.H. Mukhtyar Kaur was arrested on August 31, 1982 The post mortem examination on the dead body of Malkiyat Singh was conducted by Dr. Ram Lal Beniwal (PW 5) on August 16, 1981. The Doctor noted following external injuries on the dead body: [1] An incised wound 7 -1/2' x 11/2'x 1 -1/2' on right lower jaw from angle of mendible to across mid -line; [2] An incised wound 3' x 1' x 1' on left side cheek from angle of mendible to angle of mouth and upper lip; [3] An incised wound 2 -1/2' X 2' X 1/2' on right side of neck anterally middle part; [4] Fracture of right left mendibles 1st, IInd, IIIrd and IVth lower teeth. Upon opening the body, the Doctor noted as under: Injury to the neck on right side included the injury of right big vessel as the same was found to be cut. Apart of left side upper lip, tip of tongue, left side cheek, a part of left phrynx were found to be cut as a consequence of external injury No. 2, stated above. The above cut of big vessel was the result of above injury No. 3.
(3.) IN the opinion of the Doctor injuries Nos. 1 to 3 were individually and collectively sufficient to cause death in the ordinary course of nature. Injury No. 4 was the result of injuries Nos. 1 and 2. The port mortem examination report is Ex. P 15.;