JUDGMENT

Faizan Uddin, J.-Both these appeals are preferred against the common judgment, one having been preferred by the State of Haryana and another by complainant Hazara Singh, the son of the deceased. These two appeals have been directed against the reversing judgment of the High Court of Punjab & Haryana rendered in Crl. A. No. 265-DB of 1984 decided on 12.10.1984 whereby the judgment of the Sessions Judge, Karnal in Sessions Case No. 6/84 convicting the respondents under Section 302 read with Section 34 IPC, sentenced to undergo life imprisonment and respondent Ranjit Singh also under Section 27 of the Arms Act to undergo rigorous imprisonment for six months, both the sentences to run concurrently, has been set aside.

2. The prosecution case was that the deceased Ran Singh had taken two trolleys of paddy for sale to the grain market, Karnal on 25.10.1983 along with his son Hazara Singh, PW 2 and one Sukha Singh, PW 3. Since one of the trolleys could not be unloaded for want of space in the market area and, therefore, all the three had to stay for the night at Shop No. 18 of Ajit Singh, a commission agent. It is said that during the intervening night of 25th and 26th October, 1983 at about 12.30 A.M. the accused/respondent No. 2 Baldev Singh came to the Shop No. 18 to find out whether the trolley of Dalbir Singh had reached there or not. The deceased Ran Singh, his son Hazara Singh, PW 2 and Sukha Singh, PW 3 who were staying in the said Shop No. 18 came out of the shop later, to have an eye on the unloaded trolley standing out side. According to the prosecution, at that point of time the three accused respondents, namely, Jinder Singh, respondent No. 1 armed with a lathi, Baldev Singh, respondent No. 2 with a Parna and Ranjit Singh, respondent No. 3 armed with a gun of his father emerged from behind the heap of bags stacked there. Respondent Baldev Singh caught hold of Ran Singh while the other two respondents opened an assault with lathi and the butt of the gun. Respondent Jinder Singh also smashed a bottle on the head of the deceased and when the victim fell down, the accused respondent Baldev Singh wrapped the Parna around the neck of the victim and dragged him to some distance. Ran Singh succumbed to his injuries on the spot. Hazara Singh, PW 2 the son of the deceased went to the police station, city Karnal leaving Sukha Singh, PW 3 and commission agent Ajit Singh to watch the dead body.

3. Hazara Singh, PW 2 reached police station at about 1.00 AM where he lodged the FIR Ext. PB with the Inspector Balwant Singh, PW 6. Inspector Baldev Singh sent the police constable to Ilaqa Magistrate with the special report at about 1.30 PM and then reached the place of occurrence and prepared the inquest report Ext.PA/1. He also prepared the site plan of the place of occurrence Ext. PD. The Police Inspector seized blood stained earth from the Phad, blood stained Parali, broken bottle pieces, broken neck of the bottle with a tin cork and turban etc. from the place of occurrence and on a disclosure statement made by the accused respondents gun and cartridges, etc. were also seized. On a search being made the accused respondents were not traceable. They were, however, apprehended later on 29.10.1983.

4. According to the prosecution the motive for the crime committed was that about 3-4 months prior to the occurrence Kulwant Singh, the elder brother of the accused respondent Jinder Singh had committed rape on the young blind wife of Dhyan Singh, an aged elder brother of deceased Ran Singh for which said Kulwant Singh was given a beating by the deceased Ran Singh and his son Avtar Singh resulting into the fracture of his arm but having regard to the honour of the family the matter was not reported to the police.

5. Dr. Batla, PW 1 had performed an autopsy on the dead body of Ran Singh on 26.10.1983 and found the following injuries on his person :-

1. Reddish contusion running circular and horizontal around the neck on left