GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS appeal by two brothers Gurdev Singh and Hardev Singh is directed against the judgment dated July 28, 1983 of the learned Sessions Judge, Ferozepur whereby he has convicted and sentenced them as under :-

(2.) THE facts may succinctly be stated thus. Milkhi Ram had built a Kotha in the Panchayat land. After some time he left the village and the Kotha was occupied by the Gram Panchayat. Mohinder Singh PW3 was not in possession of any residential house. He moved an application and the Gram Panchayat allotted the above mentioned kotha to him.

(3.) PW 1 Dr. J.S. Gujral conducted autopsy on the dead body of Kulwant Singh on January 11, 1983 at about 9.45 A.M. and found four incised wounds on his body. In the opinion of the doctor death was due to haemorrhage and shock as a result of injury No. 1 which was sufficient to cause death in the ordinary course of nature. Injury No. 1 could have been caused with a Barcha and injuries Nos. 3 and 4 were possible by the grazing of the blade of the Barchha on the hand and injury No. 2 could result from a blow with Kirpan given by the assailant while the deceased was in a bending position.