(1.) SARWAN Singh son of Piara Singh, resident of village Fatehgarh Sabhrah died some time at sunset on 11.1.1995. It was a Lohri day Autopsy on the dead body of Sarwan Singh was conducted by Dr. J.S. Gujral (PW1) on 12.1.1985 at 4 p.m. Injures on its were described on the dead body under 18 heads - One of the injuries was an incised would 1 cms/2cm muscle deep on the front of left leg, lower third, below injury No. 3; 3 contusions under 3 heads; 11 contusions under 8 heads; 2 lacerated wounds under 2 heads; multiple small abrasions on the front of right knee under one head; multiple small abrasions on outer side and back of left elbow, under another head and multiple small abrasions on the back of right hand under another head were found. The doctor gave the cause of death as due to haemorrhage and shock as a result of all the injuries collectively which were found to be sufficient to cause death in the ordinary course of nature. All the injuries were, of course, ante-mortem. Probable duration between the injuries and death was found to be within 6 hours and between death and post mortem within 24 hours. Police papers sent included inquest Ex.PB and inquest report Ex.PC. These were received by the doctor at 3 p.m. on 12.1.1985. According to the opinion of the doctor, the incised wound could be caused with a blade of Kassia Ex.P1, hitting from its corner P2 and Dang Ex.PE, Kassia and Sela if used dang-wise. According to the opinion of the doctor, multiple abrasions could be caused by dragging. In cross-examination, the doctor clarified that except injury No. 2 which was on the front of right leg with underneath bones fractured, the other injuries may not have caused death, although, on the other hand, there was a remote possibility. There are 2 eye-witnesses to the occurrence. One is Puran Singh (PW2) who is uncle of Sarwan Singh (deceased) and Pargat Singh (PW3) who is son of Puran Singh (PW2). According to the eye-witnesses account, Sarwan Singh and Pargat Singh had gone to the fields for getting illicit liquor and when they were coming back, they met Puran Singh (PW2) who was also going towards river Sutlej for the same purpose. Puran Singh (PW2) was told that the liquor was not available and all the three returned towards the village at about 6.30 p.m. From the side of the field of Mula Singh, the present appellants, armed with a Sela and Kassia respectively; Jagir Singh and Resham Singh armed with Dangs met them. Jassa Singh appellant demanded a sum of Rs. 1,300/- from Sarwan Singh on account of advance money given by Jassa Singh to Sarwan Singh in the beginning of the agricultural year. In reply, Sarwan Singh told that part of money had already been paid and the remaining amount shall be paid in instalments as he was a poor man. At this, Jassa Singh appellant gave a blow with his Kassia on the right leg of Sarwan Singh who fell down. Nachhatar Singh appellant gave below with Sela dang-wise, hitting on the right leg of Sarwan Singh who was then lying on the ground. Thereafter both the appellants and their co-accused caused injuries to Sarwan Singh with their respective weapons. All the four assailants also proclaimed that they shall see how Sarwan Singh dared not to pay the money. The accused also threatened Puran Singh and Pargat Singh that they too shall be dealt with in the same way if they intervened. Out of this fear, both of them remained aside. After injuries were inflicted, both the appellants catching hold of Sarwan Singh from his arms and their co-accused Resham Singh catching hold of him from the hair, all the three, thus, dragged Sarwan Singh to the fields, for throwing him near the husk of Toria of Tara Singh. Jagir Singh co-accused of the appellants intimated the prosecution witnesses to run away otherwise they would be killed. Both the prosecution witnesses left the place on account of fear. After reaching the village, they narrated the occurrence to Balbir Singh, brother of Puran Singh PW, Milkha Singh Lambardar, Sulakhan Singh Panch and Balbir Singh Sarpanch. Milkha Singh and Sulakhan Singh asked them to lodge a report to the Police. At about 11 p.m., Puran Singh (PW2), along with his brother Balbir Singh and nephew Balkar Singh reached the spot and found Sarwan Singh lying dead. In the morning of 12.1.1985, Puran Singh (PW2), accompanied by his brother Balbir Singh, left for the Police Station. The Police met them at Bangaliwala bridge where Puran Singh (PW2) made his statement Ex.PD which was signed by him in token of its correctness. The statement with an endorsement was sent to the police station for the registration of a case. Thereafter Assistant Sub Inspector Gurdial Singh (PW6) who had recorded statement Ex.P.D., prepared inquest report Ex.PC and the same was attested by Puran Singh (PW2).
(2.) AFTER the arrest, the appellants, Jagir Singh their co-accused got recovered Sela Ex.P2, Kasia Ex.P1 and Dang Ex.P3 from the specified places in their disclosure statements. The same were taken into possession vide recovery memos Ex.PM, PN and PO respectively. Reports of the Chemical Examiner and Serologist Ex.PQ and PR respectively were obtained, according to which, human blood-stains were found on the articles, i.e. earth, Kassia, Sela and Dang.
(3.) AFTER completion of investigation, report under Section 173 of the Code of Criminal Procedure was submitted to the Illaqa Magistrate, who, after inquiry, committed the accused for trial before the Court of Sessions. After going thorough the papers submitted by the Police, the Sessions Court framed a charge under Section 302/34 of the Indian Penal Code. The appellants and their co-accused denied the charge and pleaded to be innocent and thus, trial was claimed.