L.S. MEHTA, J.— There is village Jagtewala, Chak No.27 H. in Tehsil Karan-pur, District Ganganagar. In this village the accused Sardara Singh, Kelasingh, Jaila Singh and Palsingh possessed certain Murrabas of land. Lalsingh and his son Jagtar Singh deceased also owned certain Murrabas there. All the accused were the real brothers of Lal Singh deceased. Their lands were, however,, partitioned a few years back. Some litigation had been going on between Sardara Singh. Kela Singh, Jaila Singh and Pal Singh on the one hand and Lal Singh on the other, about water. On June 17, 1964, at 1 i a.m., when Mst. Punjab Kaur, wife of deceased Lal Singh, was coming with her son, Mukhtiar Singh, from her fields, Sardara Singh gave her a lathi blow on her leg at a distance of about 8 furlongs from the village Jagtewala, Mst. Punjab Kaur made a report of this happening (Ex.P.19) at the Police Station, Keshrisinghpura, that very day at 7.30 a.m. Next day, i. e., on June 18-1964, Lal Singh had to take water from the canal for irrigating his land. He, accompanied by his sons, Jagtar Singh, aged 17 years, and Mukhtiar Singh had aged 14 years, went to his fit Id early in the morning i.e., an hour before sunrise Sardara Singh already diverted water to his own land 5 minutes prior to the arrival of Lal Singh on his field Lal Singh objected to it. Thereupon Sardara Singh and Jaila Singh beat him with Kassis. Kela Singh and Pal Singh also inflicted injuries to Jagtar Singh with Kassis. Sardara Singh gave one Kassi blow with its handle to Mukhtiar Singh. In the meantime Mst. Punjab Kaur reached there. It is said that she brought tea from her house for her husband. She is alleged to have witnessed the occurrence. As soon as Mst. Punjab Kaur reached the place, she raised hue and cry as a result of which Kela Singh and Pal Singh ran away across the railway line and Jaila Singh and Sardara Singh took to their heels towards the village Jagtewala. Injured Lal Singh had already been thrown into a Khala (water channel) by the accused. His body was taken out of the Khala by Mst. Punjab Kaur, Mukhtiar Singh and others. Jagtar Singh was lying outside the Khala. Mukhtiar Singh then went to Dalpatsinghpura to inform the Patwari of the village, but he was not available there. Mukhtiar Singh apprised Mehar Singh, a resident of Dalpatsinghpura, D. W. 1, of the happening,. Soon after Mehar Singh rushed up to the spot. Mukhtiar Singh brought a cart from his house. The dead bodies of Lal Singh and Jagtar Singh were loaded on the cart and then they were taken to their house in the village Jagtewala. Mst Punjab Kaur went to the Police Station, Keshrisinghpura, to lodge a report. Arjun Singh accompanied her upto the Police Station. The Station House Officer, Shankerlal, P. W. 5, recorded the first information report Ex. P. 1 on June 18, 1964, at 11.15, a.m. Later on the S.H.O., Shankerlal went to the spot. He prepared the inquest report Ex P. 3, seizure memos of the blood stained clothes of Lal Singh and Jagtar Singh. Exs. P. 5 and P. 6 respectively. He collected sand, stained with blood, from the spot under memo Ex. P. 7. He also prepared the site plan Ex. P. 8. Blood stained shirt Ex. 1 and Gamcha Ex. 2 were recovered from the possession of Sardara Singh under the memo Ex. P. 9, on June 18, 1954. These clothes were duly sealed. They were sent to the Chemical Examiner Government of Rajasthan, Jaipur. The Chemical Examiner (vide Ex. P. 26) reported that these clothes were positive for blood. Cuttings of the articles were then sent to the Serologist and the Chemical Examiner to the Government of India, Calcutta, who reported that they were stained with human blood vide Ex. P. 27. The dead bodies of Lal Singh and Jagtar Singh were sent for post-mortem examination to the Medical Officer, I/C. Government Dispensary, Gulabewala. Dr. G. S. Grewal, P. W. 2 conducted the post-mortem examination of the dead body of Lal Singh. He found the following injuries .

(1) Incised wound 2-1/2"x1/

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