STATE OF RAJASTHAN Vs. BALDEO SINGH

JUDGEMENT

(1.) BALDEO Singh and Sukhdeo Singh, accused have been convicted for the offence under Section 302 IPC and have been sentenced to death by the learned Additional Sessions Judge, Hanumangarh, by his judgment dated 8 -9 -1976 for the murder of their brothers Gurdeo Singh and Hardeo Singh. The learned Additional Sessions Judge, Hanumangarh, has made a reference to this Court for confirmation of the death sentence, which has been registered as D.B. Criminal Murder Reference No. 1 of 1976. Aggrieved by their conviction and sentence the appellants preferred appeal through jail which has been registered as D.B. Criminal (jail) appeal No. 739 of 1976) and also represented appeal which has been registered as D.B. Criminal Appeal No. 788 of 1976. As the above mentioned Reference and the two appeals arise out of the single judgment of the learned Additional Sessions Judge, we propose to decide all of them by this common judgment.

(2.) THE deceased and the accused are real brothers. After the death of their father, there arose some dispute between the accused Baldeo Singh and Sukhdeo Singh on the one hand and the deceased Gurdeo Singh and Hardeo Singh on the other regarding some portion of the agricultural land. It is alleged that it is on account of this enmity that accused persons committed the murder of their two brothers. On 25 -6 -1975 Gurdeo Singh and Hardeo Singh went to their fields. Thereafter, the accused Baldeo Singh and Sukhdeo Singh, with Kasias in their hands, went there and cawed injuries on the persons of the decased with the result that both Gurdeo Singh and Hardeo Singh died on the spot. Another Gurdeo Singh (PW4) and Kalia (PW5) are said to be the eye -witnesses of the occurrence. Gurdeo Singh (PW4) came to village Santpura and related the incident to Sher Singh (PW1), who went to the scene of occurrence. He found Gurdeo Singh lying dead in Kila No. 2 Hardeo Singh in Kila No. 9. Thereafter, he went to the police station, Sangaria, where he lodged the First Information Report Ex. P/l. After investigation the police challaned the accused for the offence under Section 302, IPC in the court of the Judicial Magistrate, Hanumangarh, who committed them to stand their trial to the court of Additional Sessions Judge, Hanumangarh.

(3.) WE have heard the learned Counsel for the accused and the learned Public Prosecutor for the State and perused the record of the case. The autopsy of the body of the deceased Gurdeo Singh was performed by Dr. S.N. Saini (PW6) on 25 -6 -75. He found the following external injuries on the person of deceased Gurdeo Singh: