JUDGMENT :

Jasjit Singh Bedi, J.

The present appeal has been filed against the judgment of conviction and order of sentence dated 27.11.2004 passed by the Additional Sessions Judge (Adhoc), Amritsar.

2. The instant FIR came to be registered on 27.03.2004. The accused-appellants came to be convicted vide judgment of conviction and order of sentence dated 27.11.2004. The present appeal against the conviction was filed on 27.01.2005. The matter has come up for final hearing now after more than 20 years of the registration of the FIR.

3. Briefly, the allegations of the prosecution are that on 26.03.2004 at about 11.30 P.M., Karnail Singh-complainant and his other brother Harbans Singh were coming back from the field to their house and on the way when they reached near the house of Gehal Singh-deceased, their other brother, they heard a noise which was being raised by Phuman Singh son of Gehal Singh, that his father was being killed. They hurriedly entered the house. In the light of a bulb, they saw that Gehal Singh was lying on the cot and Jasbir Kaur his wife had caught hold of his legs and Hira Singh, accused was giving him blows on his neck with a spade. When they raised a hue and cry, both the accused managed to run away. Gehal Singh succumbed to the injuries. The motive was that Jasbir Kaur was having illicit relations with Hira Singh and when her husband-Gehal Singh objected, they committed his murder. The next morning leaving Harbans Singh at the spot, Karnail Singh was going to the Police Station when near the turn of Jyoti Shah, SI Pal Singh who had held a Naka met him. His statement Ex. PG was recorded which was thumb marked by him and same with endorsement Ex PG was sent to the Police Station where the FIR was registered. The SI accompanied Karnail Singh to the place of the occurrence where he conducted inquest proceedings on the dead body of Gehal Singh and prepared the inquest report Ex.PH. He also recovered from there blood stained earth which was sealed in a box and was seized vide memo Ex.PJ. Blood stained bed i.e. pillow, quilt, and chaddar were taken into possession and the same was sealed in parcel with seal of PS. Rough site plan Ex.PL. of the place of the occurrence was also prepared. The dead body was sent to Civil Hospital, Patti for the post mortem through HC Dilbagh Singh and C. Gurcharan Singh. Statements of Harbans Singh, Phuman Singh and other witnesses were recorded. Both the accused appeared before Inspector Gurnam Singh, who was posted SHO, Patti, on 27.03.2004 and on interrogation, Hira Singh suffered his disclosure statement in the presence of HC Satnam Singh and ASI Harjinder Singh that he had kept concealed the spade used in the occurrence in the paddy straw at his house and he offered to get that recovered. His statement Ex.PN was recorded which was signed by him. Thereafter, he got recovered the spade Ex.P6 sketch of which is Ex.PP. It was taken into possession vide Memo PO. Clothes of the deceased produced by HC Dilbagh Singh were taken into possession by him. After the completion of the investigation, the challan was presented in the court of the Illaqa Magistrate after which it was committed to the court of Sessions.

4. Both the accused were charge-sheeted under Sections 302/34 IPC. They pleaded not guilty.

5. To prove its allegations, the prosecution examined Dr. Jatinder Nath Mehta, PW-1 MHC Ajmer Singh/PW-2, Surjit Kumar Ct. PW-3, Rishi Ram PW-4, Karnail Singh PW-5, Harbans Singh PW-6, Phuman Singh PW-7, Gurmukh Singh PW-8, Jagroop Singh PW-9, SI Pal Singh PW-10, Inspector Gurnam Singh PW-11, Gurbachan Singh PW-12 and HC Dilbagh Singh PW-13.

6. Dr. Jatinder Nath Mehta (PW-1) stated that the post-mortem on the dead body of Gehal Singh was conducted by him on 27.03.2004 at 12.30 Noon and as many as three injuries of sharp edged weapon which were ante mortem in nature were found suffered on the right side of the neck. In his opinion, the cause of death was shock and hemorrhage due to injury No.1 wh