- (1.) CR . Appeal No. 185 of 1996 is by Tiklu Singh, who was arrayed as A -2 in Sessions Trial No. 87 of 1994. The appellants in Cr. Appeal No. 196 of 1996 are Balram Singh @ Baliram Singh, A -4, Charwa Singh, A -5, Rameshwar Singh, A -3, Raghu Singh, A -7, Bisun Singh, A -1, Dhodhey Singh @ Dhodho Singh, A -6 and Tepa Singh alias Shankar Singh, A -8 in the said Sessions Trial.
(2.) THE above two appeals are disposed of by the following common judgment, as they are against the judgment of a single Sessions Case. In this judgment, the appellants in Cr. Appeal No. 196 of 1996 will be referred as A/1 and A -3 to A -8 in the same order as they were arrayed before the Sessions Judge and the appellant in Cr. Appeal No. 185 of 1996 will be referred as A -2, for the sake of convenience. The appellants were residents of village Gurmu within the police limits of Karra. In September, 1992, one Bishnu Singh son of Digambar Singh (he was one of the accused in the case and died pending investigation) was murdered and in connection with the said murder a crime was registered against Ram Lakhan Singh and Mahesh Singh, who are the deceased in this case. According to the prosecution, on account of the murder of Bishnu Singh, the accused party cut and killed Ramlakhan Singh (D -1) and his cousin, Mahesh Singh (D -2) at about 6.30 p.m. on 27.3.1993. At about 3.00 p.m. on 27.3.1993, D -1, Ram Lakhan Singh and D -2, Mahesh Singh, accompanied by his brothers, Makkhan Singh, PW -1, and Dhaneshwar Singh, PW -2, went to a pond where people were fishing. The pond was on the northern side of the village. At about 6.30 p.m. after watching the fishing operation, the two deceased, D -1 and D -2, as well as PWs -1 and 2 were returning to their houses. While they were on way, accused 1 to 8 and Digambar Singh(since dead) appeared before them and started inflicting injuries on Ram Lakhan Singh as well as on Mahesh Singh with Tangi and Balua. The two deceased on suffering injuries, fell down and died. The occurrence was witnessed by PW -1, Makkhan Singh, PW -2, Dharmeshwar Singh and PW -5, Ujjains Singh. On hearing the alarm, the villagers rushed to the spot. The persons who were catching fish at the pond nearby also rushed to the place. On 28.3.1993, PW -6, Radhey Shyam Ram, on hearing rumors about the death of two persons at village Gurmu went there. PW -1, Makkhan Singh, gave Fardbayan, Ext.1 to PW -6, Radhey Shyam Ram. PW -6 returned to the police station and on the Fardbayan, Ext.1, registered a formal F.I.R., Ext.2. He took up investigation and proceeded to the scene of occurrence, where he conducted inquest over the two dead bodies. Ext.3 is the inquest report, prepared as regards Mahesh Singh and inquest report prepared after conducting inquest over the dead body of Ram Lakhan Singh, D -1, is Ext.3/1. After the completion of investigation, the two dead bodies were sent to the hospital with requisitions.
(3.) ON receipt of the requisitions and the two dead bodies, P.W.4, Dr. S.K. Shandilya, conducted autopsies. He commenced post mortem on the dead body of D -2, Mahesh Singh, at 1.30 p.m. on 28.3.1993 and he found the following injuries : Incised injury over front of the neck below adams apple size 4" x 3 1/2" x 4" cutting all underlying strictures of both sides, sternomastoid muscle, soft tissues all arteries, oesophagus fifth cervical vertebrae and spinal cord. The doctor after conducting post mortem issued Ext.4, the post mortem certificate, with his opinion that the death is on account of shock and haemorrhage and that the injuries could have been caused by Balua or Farsa.;