judgment

Dr. ARIJIT PASAYAT, J. —

1.These two appeals are directed against a common judgment of the Punjab & Haryana High Court dated 30th August, 1995 in Criminal Appeal No. 208-DB of 1994. In the said appeal, the present respondents questioned correctness of the order of conviction passed by the learned Sessions Judge, Amritsar. Accused-respondent Major Singh was found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). The co accused Jeet Singh alias Ajit Singh, Mohinder Singh and Kulwant Singh were found guilty of offence punishable under Section 302 read with Section 34 IPC. Each of the accused was sentenced to imprisonment for life and to pay a fine of Rs. 2,000/- with default stipulation. For the offence relatable to Section 460 IPC, each of the accused was sentenced to rigorous imprisonment for five years and to pay a fine of Rs.500/- with default stipulation.

2. Background facts as projected by the prosecution during the trial are as follows :

On 17.5.1991 at 8 p.m. Surjit Kaur (PW-4) and her husband Dalip Singh (hereinafter referred to as ‘deceased’) were present in their house in village Leharka. At that time, accused Mohinder Singh and Kulwant armed with dang, Jeet Singh armed with a barchhi and Major Singh armed with a kirpan came there and told her husband that he had been abusing them in connection with the land dispute which existed between them, so he would be taught a lesson. Saying this, Mohinder Singh raised a lalkara to the effect that Dalip Singh should be taught a lesson for asking his share of the agricultural land, whereupon Kulwant Singh caught hold of Dalip Singh and threw him on the ground. Jeet Singh then gave a blow with barchhi, which hit Dalip Singh on the right side of the chest while Major Singh gave a blow with kirpan, which hit Dalip Singh on his left ear. Major Singh again gave a blow with the kirpan, which hit Dalip Singh on his neck. In the meantime, Surjit Kaur cried for help which attracted Karnail Singh son of Shangara Singh and Ajit Singh son of Chanan Singh. They all tried to intervene to save Dalip Singh. Major Singh told them to stand aside lest they shall be assaulted. Hearing this, Surjit Kaur, Karnail Singh and Ajit Singh stood aside and Jeet Singh and his co-accused took the body of Dalip Singh to the house of Ajit Singh. An electric bulb was on in the courtyard of the house and Surjit Kaur (PW-4) was thus, able to identify the accused. She thereafter, left for the police Station Kathu Nangal and on the way near Talwandi Phuman met ASI Rajinder Singh, (PW-9) and made statement regarding the circumstances in which her husband had been attacked by the accused and removed from his house. PW9 recorded the statement (Ex.PF) into writing and read over the same to the witness whereafter she signed the same in token of its correctness. He then, made endorsement Ex. PF/2 and sent the same to the Police Station for recording of formal FIR (Ex.PF/1). The Investigating Officer, thereafter, went to the spot and in the house of Ajit Singh, found the dead body of Dalip Singh. He prepared inquest report Ex.PB and after drawing up request for post-mortem Ex-PD sent the dead body to the mortuary through Head Constable Charan Singh and Constable Sat Pal Singh. He also prepared injury statement Ex.PC and lifted blood stained earth and took the same into possession through recovery memo (Ex.PO) which was attested by SI Kishan Singh and ASI Surinder Kumar. They went to the house of Dalip Singh and lifted blood stained earth from the courtyard of the house and that was also taken into possession through recovery memo Ex.PQ. This recovery memo was also got attested from the aforesaid witnesses. He prepared rough site plan Ex. PR and Ex.PG showing the houses of Ajit Singh and Dalip Singh. The marginal notes thereof are correct according to the spot. On return to the police station, he deposited the case property with Moharir HC with seals intact. Thereafter,