(1.) We have two appeals before us, one by Jug Lal (Criminal Appeal No. 813 of 1966) who has been found guilty under Section 302, read with Section 34, Indian Penal Code, and has been sentenced to life imprisonment and the other by Kanshi Ram (Criminal Appeal No. 832 of 1966) who has been found guilty of murder under Section 302, Indian Penal Code, and has been sentenced to death. The sentence of death passed on Kanshi Ram is also before us for confirmation (Murder Reference No. 55 of 1966). Both the appellants are said to have murdered Dungar in village Khasa Mahajan at about 6.30 p.m. in the evening of 24th October, 1955. Two other participators in the crime were mentioned in the first information report, namely, Ram Partap son of Kanshi Ram appellant against whom the police did not proceed and the other Jagar son of Nathu Ram who is said to have committed suicide by strangulation four days after the occurrence on 28th October, 1965. The two appellants, who were tried before the Additional Sessions Judge of Hissar, were also charged under Section 201 of the Indian Penal Code for having thrown the dead body of Dungar in the canal after the murder and under Section 323/34, for having caused injuries to Amar Singh Thakur. The learned Sessions Judge has found that these charges have not been established.
(2.) The earlier version of the occurrence is contained in the first information report which was lodged at Patehabad Police Station, at a distance of 15 miles from Khasa Mahajan, at 11.00 p.m. on 24th October, 1965, by Parmeshwari, who was accompanied by Ram Partap Bishnoi of Nandhori. Parmeshwari, who is one of the two eye-witnesses of the occurrence, stated that her husband Ujjagar, with his brothers Sukh Ram and Ramji Lal son of Chet Ram were convicted three years ago for the murder of Banwari and are undergoing life imprisonment on that score. Parmeshwari had betrothed her daughter Bimla to Balwant son of Dunger, resident of Agroha. Dungar along with his son Inder, wife Parsani and Amar Singh Thakur had come to assist Parmeshwari in harvesting the crops. On the evening of 24th of October, 1965 Dungar, Inder, Amar Singh and Parmeshwari were proceeding to her field at about 6.30 p.m. for watering it. On reaching the field of Amin Lal, the appellants Jug Lal of Khasa Mahajan armed with a lathi, Kanshi Bishni of Kalirawan armed with a gun both riding a mare, Ram Partap son of Kanshi and Jagar of Mogni Khera riding on another horse, armed with a jaili and a Khunda respectively, came there. After they had alighted from their horses, they raised a lalkara and Jug Lal, Jagar and Ram Partap commenced belabouring Dungar. Jug Lal then exhorted Kanshi Ram in these word :-
(3.) After the report had been recorded by Milkha Singh, SHO Fatehabad, he accompanied Parmeshwari and Ram Partap to the scene of occurrence where they reached after midnight at 12.30. As the night was dark he did not care to make any inspection of the spot though he went to a nearby dol and was shown the place of occurrence by Amin Lal with the help of a torch.