S.S.BYAS, J. - (1.) APPELLANT Kashmir Singh is the son of the other appellant Latkan Singh and they have filed this joint appeal against the judgment of the Additional Sessions Judge Kishangarhbas (Alwar) dated December 18. 1987 by which the son was convicted 302, IPC and sentenced to imprisonment of life with a fine of Rs. 500/ -, and the father was convicted 324 and was sentenced to one year's rigorous imprisonment.
(2.) STATED in short, the prosecution case is (hat PW 1 Kala Singh is the son and PW 2 Smt Preet Kaur is the daughter of the deceased victim Badbava Singh. They and the appellants are the residents of village Jakhopur Police Station Tapukda, District Alwar. The deceased Badhava Singh purchased Arazi Khasra No. 695 comprising an area of 17 Biswas situated in Moza Jokhopur on 20 -7 -1985 from one Badhava Singh who was the holder of the power of attorney of Bariyan Singh. Bariyan Singh was the. Khatedar of the said Arazi. Possession was taken over by Badhava Singh in pursuance to the sale -deed. At about 10.00 or I0.30 a m. on 19 -8 -1984 PW 1 Kalasingh was ploughing the said Khasra No. 695 with the help of some hired labourers. The two appellants accompanied with Gurdayal Singh, Ranjit Singh Kashmir Singh s/o Laxman Singh, Tataiya and Aasin (7 in all) came there where Kala Singh was ploughing the field. Accused Latkan Singh had a gun and a sword, accused Kashmir Singh s/o Laxman Singh had a pistol, appellant Kashmir Singh had a Ballam. Ranjit Singh had a Farsi Gurdayal Singh had a Ballam and Assin had a Farsa. They asked Kala Singh and his companion Ibra got and left the field and went to a lube well nearby After some time the deceased Badhava Singh came from the village side When he was in the field of one Chothu situate nearby Arazi Khasra No 695, he cried aloud and asked the appellants and their companions as to why they had turned away his men. The culprits in reply also cried aloud and shouted 'catch hold of the old man and finish him.' The culprits thereafier encircled Badhava Singh in the field of Chothu. Appellant Kashmir Singh struck a blow of his Ballam on the left chest of Badhava singh vhich pieroed the chest through and through. Appellant Latkan Singh struck a below of his sword on the right wrist of Badhava Singh. Kala Singh. Gulzar Singh, Latkan Singh and Ors. on hearing the noise came running there and tried to rescue Badhva Singh. They too were not spared and were landed blows. Accused Kashmir Singh s/o Laxman Singh in order to frighten and scare away Kala Singh and other, fired a shot from his pistol in the air. The culprits thereafter field away. Badhava Singh was taken to the Government Dispensary, Tapukada. He, how ever, did not survive and passed away in the way. Kala Singh PW1 went to the Police Station Tapukada and verbally lodged report Ex.P 1 of the incident at about 1 00 p.m. on the same day. The Police registered a case and proceeded with the investigation. The Station House Off cer, Rameshwar Lal arrived on the spot, inspected the site and prepared the site plan He also prepared the inquest report of the victim's dead body. The Medico Legal Autopsy over the victim's dead body was conducted on the same day at about 4.30 p.m. by PW 13 Dr. S K. Garg the then Medical Officer Incharge, Government Dispensary, Tapukada. He noticed the following injuries on the dead body: External [A] Wound of sentence: 5 cm x 4 cm on ante chest wall. Incised wound 7 cm superio laterally to left nipple Ilnd intercostal space; [B] Would of exist: Incised wound - -3.5 cm x 1 cm medial to scapula under 1/3 part left side; [C] Incised wound 6 cm x 3 cm x 0.7 cm on Right hand dorsal surface exposive tundans. Internal Left atrium cut through ante chest wall lung underneath atrium cut, pos chest wall cut left side at wound of exist Whole left pleural cavity filled 'C' blood.
(3.) IN the opinion of Dr. Garg, the cause of death was haemorrhage and shock caused by injury to heart and lumb. The post -mortem examination report issued by him is Ex.P 13.;