ZORA SINGH Vs. STATE

JUDGEMENT

(1.) THE Appellant Zora Singh and his brors . Hazura Singh and Kapur Singh were tried by the Additional Sessions Judge, Faridkot, under Section 602/34, I. P. C, regarding the murder of their "first cousin Indar Singh. Hazura Singh and Kapurgh were given the benefit of doubt and acquit because Section 34, I. P. C, was not held to be applicable to the facts of the case and the blows as cribbed to them were not found to have corresponding marks of injury on the person of the deceased . Zora Singh who was alleged to have dealt the fatal blow by striking Indar Singh on the head with a gandasa was, however, convicted under Section 302, I. P. C, and sentenced to transposition for life.

(2.) THE facts of the case are very brief and Staple. The fields and so also the residential houses of the deceased and the Appellant adjoin one Anr. . On the fateful day, i.e., 30 -11 -1951 at about 1 P. M., Indar Singh deceased was cutting dry cotton sticks in his field known as Hlnduana' and his son Hakam Singh was grazing battle nearby. A cow strayed into the adjoining led of Zora Singh who got enraged and slapped lakam Singh. Indar Singh remonstrated and that gave rise to an altercation and exchange of abuse between him and Zora Singh. The latter then, hurried to the village and returned soon after accompanied by his brors . Hazura Singh and Kapur Singh. Zora Singh came armed with a gandasa while Hazura Singh and Kapur Singh were possessed of a lathi each.

(3.) ARJAN Singh and Hakam Singh (P. Ws. 2 and 3) have described as to how the trouble originated and the latter was given slaps by Zora Singh because a cow of his had strayed into Zora Singh's field. They further stated that Zora Singh came back armed with a gandasa from the village and dealt a blow with the sharp side of it on the head of Indar Singh. Mit Singh (P. w. 4) who is an uninterested witness having no relations with the deceased or enmity with the Appellant supported the version given by these two witnesses. He caught hold of Hazura Singh in order to prevent his joining the attack. Chand Singh (P. W. 5) who is again an independent witness had seen the Appellant briskly going with his brors . to his field armed with a gandasa. On hearing the noise from Indar Singh's field he hurried that side but could only reach to find Indar Singh lying on the ground injured and unconscious. He spoke of the presence of Hakam Singh, Arjan Singh and Mit Singh on the spot