(1.) MAJOR Singh appellant was found guilty of the charge of murder of Lila Singh punishable under section 302 of the Indian Penal Code, by the learned Sessions Judge, Bhatinda and sentenced to undergo imprisonment for life and to pay fine of Rs. 2,000/- or in default of payment thereof to suffer three months further rigorous imprisonment Feeling aggrieved against the said orders, the appellant has come up in appeal.
(2.) THE brief resume of facts of the prosecution case is that about 3 years prior to the present occurrence Gurdev Singh PW and his son Lila Singh deceased of this case had given injuries to Major Singh accused over water dispute but the matter was compromised with the intervention of the respectables of the village. It appears that Major Singh continued nourishing illwill against Lila Singh deceased and his father Gurdev Singh. Both the parties resided in village Jethuke and are near collaterals of each other. Gurdial Singh father of Major Singh accused had 10 Biswas of joint land with Gurdev Singh PW. There is an old deserted well in this land.
(3.) INSPECTOR Gurdev Singh alongwith these witnesses then rushed to the spot and prepared inquest reports Ex. PC and Ex. PC/1 of the dead body. The dead body was entrusted to Constables Lachhman Singh and Hargobind Singh for autopsy vide request Ex. PB. He also inspected the spot and took in possession liquor bottle Ex. P1, brass tumbler Ex P2 and vial meant for containing insecticide Ex. P3 after seating insecticide bottle in a different sealed parcel. The visual site Plan of the spot Ex. PJ was prepared.