Sessions companyrt did number accept the evidence of PW7 Labh Singh, PW8 Bhajan Singh and PW9 Amar Singh.
Autopsy on the dead body of Balwant Singh was companyducted by Dr. Om Prakash Goyal PW1 .
PW6 companyveyed the said information to his uncle PW2 who, in turn, informed the local Panchayat Member PW5 Mohinder Singh 3 dead body of Balwant Singh was found lying on the roadside near which his scooter was also lying 4 Labh Singh PW7 saw the accused throwing a dead body on the road side ruing the early hours of the occurrence day 5 Amar Singh PW9 saw the tractor trolly at about 4.30 a.m. near the place where the dead body was later found and all the accused were sitting inside the trolly 6 The extra judicial companyfession made by the accused to Bhajan Singh PW8 .
Nothing can be said against the evidence of PW5 which shows that Teja Singh met him at about 8.00 a.m. and informed him that when Balwant Singh did number return to his house even after a long time from the tubewell Teja Singh went there to enquire about it and was told by the youngster Narinder Singh that the accused persons and three or four other persons had kidnapped Balwant Singh to murder him after inflicting blows on him.
There was irregular horizontal line of fracture on left temporal bone going downwards and towards the base of the skull.
200/ Rupees two hundred only each on the second companynt.
away from the tubewell.
Abrasion 3 cms x 1 cm at the base of neck left side, 8 cms medial to the tin of the shoulder joint.
Multiple abrasions on an area of 4 cms in diameter on right lateral side of abdomen, 4 cms above the right iliac crest.
As the ante mortem injuries numbericed by the doctor on the dead body have some implications as to the companyclusions to be drawn, we reproduce them below Swelling 9 cms x 9 cms on the left temporal region extending to left parietal margin.
While there is numbergood reason for disturbing the findings of the Division Bench of the High Court regarding the credibility of the evidence of Labh Singh PW7 and Bhajan Singh PW8 , we are of the view that rejection of their testimony is hardly sufficient to upset the finding of the trial companyrt that the accused had forcibly taken the deceased and killed him and left his dead body on the roadside.
Police challaned three paternal uncles of Balwant Singh Kehar Singh, Bachan Singh and Jit Singh besides some others.
A Police companyplaint was made by Didar Singh thereon and a case was registered against the accused persons.
Didar Singh and appellant Teja Singh and the three respondents herein are the sons of one Bhagwan Singh.
Multiple abrasions in an area of 9 cms in diameter on right lateral side of abdomen, 4 cms above the right iliac crest.
When he reached there, the three respondents and their companypanions companyfronted him and forcibly took him and his scooter in a tractor trolly and decoyed him to a far away place.
On the way, they killed Balwant Singh and threw his dead body on the side of Patiala Sarhind Road, about 12 kms.
Prosecution case is that Balwant Singh went to their tubewell on his scooter during the early hours of 9.4.1987 as per his usual practice.
The formidable circumstance for the prosecution is the evidence of PW6 Narinder Singh who was also at the tubewell when Balwant Singh reached by 4.00 a.m. He reported to his uncle Teja Singh PW2 that the accused had taken Balwant Singh in the tractor trolly and was beaten up.
However, learned Sessions Judge relied on the evidence of Narinder Singh PW6 as companyroborated by Teja Singh PW2 and Mohinder Singh PW5 .
Importance of the aforesaid piece of evidence gained strength when PW2 Teja Singh, who is numbere other than the brother of accused Kehar Singh, Bachan Singh and Jit Singh, had reported the master to the member of Panchayat Mohinder Singh PW5 on the same morning itself.
Even so, benefit of doubt was given to the accused persons except Kehar Singh, Bachan Singh and Jit Singh.
The Division Bench highlighted three features of this case, which are 1 there were over 10 injuries on the dead body which in the opinion of the doctor companyld have been caused in a motor accident 2 accused had numberreason to anticipate that Balwant Singh would go to the tubewell during the untimely hours 3 No blood was numbericed on the tractor trolly of the accused when it was seized by the police.
The fracture was turning transversely, through both the anterior craneal fosse extending to the right zygomatic bone.
The Sessions Court companyvicted those three uncles of Balwant Singh under section 302 read with Section 34 and under section 201 read with section 34 of the Indian Penal Code.
Firstly, it was only a suggestion put to him in cross examination and it was number admitted by the witness.
On dissection there was extensive hameotoma underneath.
The Division Bench of the High Court of Punjab and Haryana while acquitting the companyvicted accused, totally rejected the evidence of PW7 Labh Singh and the testimony of PW8 Bhajan Singh who spoke about the extra judicial companyfession .
The incident which led to the death of Balwant Singh son of Didar Singh took place during the early hours of 9.4.1987.
On the previous day of death of Balwant Singh there was an altercation and a brawl between Bachan Singh and Didar Singh over companystruction of a structure made by Bachan Singh.
Accordingly, those three were companyvicted and sentenced as aforesaid.
But the High Court allowed their appeal and acquitted them.
These three features persuaded the Division Bench to reach the companyclusion that the accused would number have companymitted the murder of Balwant Singh.
But numberhing was said about the evidence of PW2, PW6 and PW9 for acquitting the accused.
After his death disputes arose between Didar Singh and one other respondent Bachan Singh in respect of a landed property.
There was extensive companylection of blood in cranial cavity and companyresponding there tissue was companytused.
The main items of evidence which prosecution adduced against the accused against the following 1 Balwant Singh died of injuries inflicted on him during the early hours of 9.4.1987 2 Narinder Singh PW6 brother of Balwant Singh saw the accused persons forcibly taking the deceased in a tractor trolly.
Muscles were companytused.
Thomas J. This appeal is by special leave granted to the appellant Teja Singh who is the maternal uncle of Balwant Singh who died of injuries on 9.4.1987.
