S.S.BYAS, J. - (1.) SHER Singh and his father Prem Singh, the two appellants before us were convicted Under Section 302/34 and 448 IPC and each was sentenced to imprisonment for life with a fine of Rs. 200, in default of the payment of fine to further undergo two months' rigorous imprisonment on the first count and six months rigorous imprisonment under the second count. The substantive sentences were directed to run concurrently. They have come up in appeal and challenge their conviction.
(2.) THE incident is alleged to have taken place at about 10 or 11 p.m. on 30 -6 -1979 in village Jhundpuri P.S. Tizara District Alwar in which one Preet Kaur aged about 10 years was nacked to death by the appellants with the aid and assistance of Fauza Singh who was the other son of the appellant Prem Singh. The deceased victim Preet Kaur was the wife of the appellant Sher Singh. The prosecution case may be stated as under: Pw 8 Mst. Devti Kuar and Pw 6 Hukam Singh are the parents and Pw 9 Jeet Kaur is the sister of the deceased victim Preet Kaur. They all were living in village Jhundpuri. Preet Kaur was married to Sher Singh and Jeet Kaur was married to Fauza Singh. Both the sisters after their marriage went to village Ramchandrapur in district Nainital (Uttar Pradesh) to live with their husbands and in -laws. They were not properly and kindly treated. The husbands and in -laws used to often beat and torture them. Hukam Singh went to vii. Ramchandrapur and a Panchayat was convened to get the matter settled. In the Panchyat, Preet Kaur and Jeet Kaur appeared and raised grievances about their ill treatment by their husbands and in -laws. However, the matter remained undecided. Hukam Singh (Pw 6) brought both his daughters Preet Kaur and Jeet Kaur to his village Jhundpuri nearly one month before the incident. The girls were thus living with their parents. In the fateful night, Hukam Singh (Pw 6). Devti Kaur (Pw 8) and the deceased Preet Kaur were sleeping on separate cots in their courtyard situate outside their house. Jeet Kaur who had delivered a son only two days ago was sleeping in the entrance of the room. At about 10 or 11 P.M. the appellants Sher Singh and Fauza Singh accompanied with Fauza Singh came there. Prem Singh had a gun while Sher Singh and Fauza Singh were having swords with them. Prem Singh asked his son Fauza Singh to out Preet Kaur to pieces. Thereupon Fauza Singh struck 4 or 5 blows to Preet Kaur. The injuries resultings from the blows were severed Hukam Singh and others raised cries. The prosecution witnesses Noor Mohd. and Diwan Singh and Dayal Singh who lived nearby rushed to the spot. The appellants and Fauza Singh retreated and ran away. There was profuse bleeding from the wounds of Preet Kuar and she passed away then and there on the spot. Hukam Singh accompanied with some persons went to Police Station Tizara and presented written report Ex. P -10 of the occurrence. The police registered a case Under Section 302/34 and proceeded with the investigation. The investigation was conducted by Pw 14 A.S.I. Lallu Ram. He arrived on the spot, inspected the site and prepared the inquest report of the victim's dead body. The medico legal autopsy over the victim's dead body was conducted by Pw 10 Dr. V.K. Jain the then Medical Officer Incharge - -P.H.C. Tizara, who was called on the spot for that purpose. The Doctor noticed the following ants mortem injuries over the victim's dead body: External: (1) Incised wound 5'x 1' x 6' on occipital region placed horizontally along with the occiptal bone fracture; (2) Incised wound 5'xl'x3' from the medical aspect of right eye, (inner canthus) extending upto lower border of right ear placed obliquely; (3) Right hand out through and through and separated from the wrist joint; (4) Incised wound 4 cm x 16 cm x 1 cm on the middle of left forearm on the under aspect; (5) Incised wound 2' x 6' x 6' depth on the middle of right fore -arm on materal aspect Internal: (1) There is a depressed fracture of occipital bone of skull placed horizontally in the area of injury No. i: (2j There is fracture of right marilla bone and angle of right mandible injury No. 2 described as above; (3) There is fracture of lower and of right ulna and radius in through and through out as described in injury No; (4) There is fracture of middle of shaft of ulna on left side as described in injury No. 4; (5) Eye ball is coming out on right side from the orbit.
(3.) IN the opinion of Doctor Jain, the cause of death was shock due to intra -criminal haemorrhage as well as haemorrhage from injury mentioned above. Injury No. 1 in itself and the remaining injuries were found sufficient in the ordinary course of nature to cause death. The Doctor prepared the post mortem examination report Ex.P 1. The appellants Prem Singh and Sher Singh were arrested on 7 -7 -1979. Accused Fauza Singh absconded and could Dot be arrested. On the completion of the investigation, the police presented a challan against the appellants Sher Singh and Prem Singh and the absconding accused Fauza Singh in the court of Munsif and Judicial Magistrate, Tizara who in his turn committed the case for trial to the court of Sessions. The learned Sessions Judge framed charges Under Sections 446 and 302 IPC against the accused Sher Singh and Prem Singh to which the pleaded not guilty and faced the trial. The denied their presence on the spot and claimed absolute innocence. According to them, they have been falsely implicated cause their relations with the complainant party remained no more sweet and cordially en account of Preet Kaur and Jeet Kaur. In support of its case, the prosecution examined 14 witnesses and filed some documents In defence, the two accused examined one witness to show that they were present in village Ramchandrapur in the sight of June 30, 1979. On the conclusion of trial the learned Sessions Judge rejected the defence of Alibi put forward by the appellants and held the charges duly proved against them. The were, therefore, convicted and sentenced so mentioned at the very outset. Aggrieved against their conviction, the accused Sher Singh and Prem Singh have taken this appeal.;