JASVINDER SINGH AND ANR. Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of Sri Babu Singh, Additional Sessions Judge No./, Hanumangarh dated' Feb. 24, 1986 by which he convicted the accused-appellants under Sec. 302 read with Sec. 24, Penal Code and sentenced each to life imprisonment ana to pay a fine of Rs. 2,000.00 and in default to further undergo rigorous imprisonment for two years for committing the murder of their grand father, Mukhtiyar Singh. The prosecution case may be summarised thus.

(2.) Gurutej Singh P.W. 1, uncle of the accused-appellants, lodged F.I.R. Ex. P. 1 in the Police Station, Shadulshahar (Sri Ganganagar) at 8.30 p.m on 29.8.83 against the accused-appellants thus Gurjant Singh, father of the accused-appellants, lives separately for last 25 years and he lives with his father, Mukhtiyar Singh, Gurjant Singh was duly given his share of land and house. His land is cultivated by his three sons namely; Jasvinder Singh, Daljeet Singh (accused-appellants) and Puran Singh as he is mad. For last 20 days, the accused-appellants started asking their grand father to give them land from his share and threatened to kill him if he refused to do so. In the morning, the accused Daljeet Singh come to their house and told his grand father that he has encroached upon his land and requested for the correct demarcation of the land of his share. He left for his house after Mukhtiyar Singh told him that he would correctly demarcate his share of land. He (Gurtej Singh) along with his father Mukhtiyar Singh and son Bhupendra Singh P. W. 2 left for his field situated in 14 M. J. D and started doing work there. In the meantime, the accused-appellants and their brother Puran Singh came there. After some time, Gurjant Singh s/o Jagar Singh and Jogendra Singh P. W. 4, also come there. Mukhtiyar Singh correctly demarcated the land of the accused-appellants. They were not satisfied and left for their field telling him that they would also take land from his share. At about 4.30 P. M., Mukhtiyar Singh left for the village. After 15 minutes thereof, the accused-appellants also proceeded towards the village with Kassiyas in their hands On it, he apprehended and followed the accused-appellants along with his son Bhupendra Singh P.W. 2. At about 5.50 P. M., when his father Mukhtiyar Singh was near the field of Mallu Thakar, the accused-appellants pounced upon him and started inflicting injuries with their Kassiyas telling him that he was not giving land to them. Mukhtiyar Singh fell down on the ground due to his head injuries. On the hue and cry raised by him and his son Bhupendra Singh P. W 2, the accused-appellants ran away. His father was found dead when he saw him. He along with his son came running to the village and narrated the entire incident to Lala Thakar, Gurdev Singh and Jogendra Singh P.W. 4. They asked him to go to the Police Station to lodge a report any they themselves came to the place where dead body was lying. Accordingly, he came to the police station and lodged the report. The case was registered under Sec. 302/34, I.P.C. and the investigation was commenced. Site-plan Ex. P. 2, site inspection memo Ex. P. 2-A, memo of dead body Ex P. 3 and inquest report Ex, P. 4 were prepared on 30-8-83 A chhari, turban and a pair of chappals were found near the dead body and they were seized through the seizure memos Exs. P. 5, P. 6 and P. 7 respectively. Moulds were taken of the foot prints found near the dead body and memos. Exs. P. 6 and P. 9 were prepared. Blood stained mud was also taken along with ordinary mud and memos. Exs.P.10 & P.l 1 were prepared. The bloodstained clothes of the deceased were taken through memo Ex. P. 12 The postmortem examination of the dead body was conducted and the report Ex. P. 18 was prepared. The accused-appellants were arrested on 4.9.83. They gave information Exs. P.21 and P.22 under Sec. 27, Evidence Act and in pursuance thereof, they got recovered blood-stained axes Articles 1 and 2 and their clothes through memos. Ex P.18 and P.13. Moulds of their specimen foot prints were taken and the memos Exs. P. 23 to P. 24 were prepared. All the seized articles were sealed and sent to the State Forensic Science Laboratory, Rajasthan, Jaipur in sealed condition On their chemical examination. 'B' group blood was detected on the blood smeared soil, chhari, chaddar and kurta of deceased and a Kassiya. After completing investigation, a challan was filed against both the accused-appellants under Sec. 302 read with Sec. 34. I.P.C. in the Court of the Judicial Magistrate No. 2, Hanumangarh, who committed them to the Sessions.

(3.) Charge under Sec. 302 read with Sec. 34, I.P.C. was framed against both the accused-appellants by the learned Additional Sessions Judge No. 2, Hanumangarh. None pleaded guilty and both claimed trial. The prosecution examined informent Gurtej Singh P.W. 1 and his son Bhupendra Singh P.W. 2 as eye-witnesses, attesting witness Bhagirath P.W. 3, Jogendra Singh P.W. 4 who witnessed the demarcation of land. Dr. Brij Bhushan Gupta P.W. 5 who conducted the postmortem examination of the deceased. Investigating Officer Jivan Lal P.W. 6, Constable Kewal Ram P.W. 7 who took the sealed packets to Forensic Science Laboratory, Jaipur and Head Constable Bhan Singh P.W. 8, who kept the sealed packets in the Malkhan of the Police Station and tendered and proved 33 documents.