In Rattan Singhs case, only one of the injuries was inflicted by a sharp edged pointed weapon and all the rest by blunt weapons.
The others were all inflicted by blunt weapons.
423 and 499 of 1952 of the Court of the Sessions Judge, Jullundur, in Sessions Case No.
The other brother survived a little longer but he also died number long after.
The medical evidence discloses that Rattan Singh had nineteen injuries on his person.
Appeal by special leave from the Judgment and Order dated the 19th November, 1952, of the High Court of Judicature of Punjab at Simla in Criminal Appeal No.
Why the others should have joined in, except on the basis that they belong to the same Party, is number disclosed.
The prosecution story is simple.
All seven accused belong to the same village and belong to the same faction or party, as Mst.
Now this has led the learned Judges into an inconsistency and it is that which led to the granting of special leave to appeal.
This was about 2 p.m. Just as he left the house, his wife Mst.
Jarnail Singh who was acquitted is a son of Battan Singh.
The two on the head were inflicted by blunt weapons.
102 of 1952 and Criminal Revision Nos.
They were number prepared to believe the two eye witnesses all the way, partly because they were of opinion that a part of their story was doubtful and seemed to have been introduced at the instance of the police and partly because they companysidered that when the fate of seven men hangs on the testimony of two women ordinary prudence requires companyroboration.
Accordingly, they companyvicted the four appellants and acquitted the others.
The appellant Dalip Singh was arrested on the 17th June and the other three on the 18th.
Dalip Singh and Battan Singh are also said to be dacoits and it is said that they believed that the two dead men used to furnish information against them to the police.
In Bawa Singhs case, four wounds were caused by a sharp edged or pointed sharp edged weapon.
They beat him up till he fell to the ground.
30 of 1951 and Sessions Trial No.
Punnan P.W. 2 calls it.
The prosecution case is as follows On 16th June, 1951, Rattan Singh was taking some food out to a well a short distance from his house for himself and his son.
22 of 1953.
This analysis would appear to indicate that neither of the appellants Dalip Singh and Sadhu Singh, who carried spears, number the appellant Kundan Singh, who carried a hatchet, aimed at any vital part and of those who had blunt weapons, the appellant Battan Singh who had a lathi has alone been companyvicted while Indar Singh and Jarnail Singh, who also had lathis, and kehar Singh, who had a khunda, have all been acquitted and yet Battan Singh alone companyld hardly have been responsible for eighteen injuries on Rattan Singh and nine on Bawa Singh.
Each was wearing blood stained clothes.
5 of 1951.
As soon as Rattan Singh fell down, they left him and rushed to his Rattan Singhs Haveli where the other brother Bawa Singh was lying on a company, shouting that they would also make short work of him.
All seven belaboured him on the company, then they dragged him out and beat him up some more.
One of the two was on the head and the other ruptured the spleen.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The other brother Bawa had sixteen injuries but except for two the rest were on number vital parts.
The rest were on number vital parts like the foot, ankle, leg, knee, thigh, buttock, forearm and wrist, but of these six were grievous.
Punnan P.W. 2 the accused were armed as follows The appellants Dalip Singh and Sadhu Singh with barchhas the appellant Battan Singh and two of the accused who have been acquitted with lathis the appellant Kundan Singh had a takwa a hatchet with along handle, and the accused Kehar Singh, who has been acquitted, had a khunda a hefty stick with a curved iron end.
This is said to be the motive for the murders.
Then they ran away.
The High Court acquitted three of the seven but sustained the companyvictions of the four appellants and enhanced their sentences in each case to death.
Here again, the fatal injury which ruptured the spleen was caused by a blunt weapon.
They were prosecuted and companyvicted and served short terms of imprisonment.
The doctor says death was caused by shook produced by the multiple injuries aided by haemorrhage in the brain due to injury No.
The learned Sessions Judge companyvicted three others also but sentenced all, including the four appellants, to transportation for life.
The rest were on the ankle, leg, knee, thigh, elbow, thumb and wrist, but eleven of them were grievous.
The Judgment of the Court was delivered by BosE J. Four persons appeal against sentences of death passed upon them in companyvictions for a double murder, the victims being two brothers, Rattan Singh and Bawa Singh.
Of the seven, the appellants Dalip Singh and Battan Singh are brothers.
Jai Gopal Sethi R. L. Kohli and Deva Singh, with him for the appellants.
Charni P.W. 11 saw all seven accused assaulting her husband.
Punnan P.W. 2 heard cries of alarm and on rushing out with her daughter Mst.
The appellants Dalip Singh and Battan Singh are said to have assaulted the two dead men Rattan and Bawa about twenty years before the occurrence.
May 15.
The remaining four, including the appellants Sadhu Singh and Kundan Singh, are number related to the other three and, except for the evidence that they belong to the same party, are number shown to have any companymon interest with the other three.
Gopal Singh for the respondent.
After this they returned to where Rattan Singh was still lying on the ground and gave him some more blows.
In his case the doctor put the death down to rupture of the spleen.
Bawa Singh died very shortly after the assault.
