Judgment

AHMADI, J.:- Harnam Singh, Sarpanch of village Naushera, was murdered on the night between 6th and 7th June, 1976 while he was sleeping at his tubewell to guard the wheat bags stacked in his field. P.W. 1 Dr. Malhotra who conducted the autopsy at about 4.15 p.m. on 7th June, 1976 found four injuries on the person of the deceased, namely, (i) a lacerated penetrating circular wound, 1/4" in diameter, with black margins inverted on right middle back, 3" from midline and 9" from iliac crest, (ii) a verticle bruise 6" x 1/2 " on the front of right forearm running downwards and outwards, (iii) bruises in the area of 5" x 1 " on the front and inner aspect of right upper-arm above the elbow joint, running forwards, outwards and downwards and (iv) an abrasion 5 x 1 "on the right side of the chest, 5" from mid-line and 3" from the clavicle running downward and inward. On opening the first wound it was found that the 8th and 9th ribs were fractured posteriorly; the diaphram and superior surface on the left lobe of the liver were lacerated; the heart was lacerated into pieces and the third, fourth, fifth, sixth and seventh ribs of the left side were broken anteriorly. The exit wound wa