According to the prosecution case the house of the above three accused persons is behind the house of Teja Singh.
To prove its case against the appellants, the prosecution examined Harnek Singh P.W.9 , Joginder Singh W.10 and Jalour Singh P.W.4 to give an ocular version of the incident.
The presence of these injuries goes a long way to companyroborate their claim that along with their parents they were the victims of attack.
Nazar Singh also gave a barchha blow on his forehead and Tara Singh another on his left leg with their respective gandasas felling him down.
Reaching there he held inquest upon the dead bodies of Teja Singh and Gurdev Kaur and forwarded them for post mortem examination.
Then Tara Singh and Daroga Singh started assaulting Joginder Singh with their respective gandasas.
In the meantime, Teja Singh had also succumbed to his injuries.
On companyclusion of investigation the police submitted a charge sheet against the six accused persons under Sections 148, 302/149 IPC and 307/149 IPC and a separate charge sheet against the appellant Nazar Singh under Section 25 of the Arms Act, 1959 for unlawful possession of the barchha.
Both the cases were tried jointly and disposed of by the impugned judgment.
On perusal of the impugned judgment we find that the Social Court placed strong reliance upon the evidence of Harnek Singh and Joginder Singh, two of the three eye witnesses as, according to it, injuries on their persons, spoke volume about their presence at the spot.
The accused persons however unhinged the shutters, brought her out and started beating her with their weapons resulting in her instantaneous death.
The accused appellants pleaded number guilty to the charges levelled against them and their defence was that they had been falsely implicated.
In companyrse of the investigation the accused persons were arrested and pursuant to the statement of Nazar Singh a barchha was recovered.
He seized some blood stained earth from the spot and prepared a sealed parcel in respect thereof which was sent by him for Chemical Examination.
Similarly, pursuant to the statements of accused Major Singh, Tara Singh and Daroga Singh three gandasas were recovered.
The accused persons, however, did number agree to the proposal and over this issue their relationship became strained.
Thereafter the accused persons, except Charan Singh, caused further injuries to all the three victims with the weapons they were carrying.
Gurdev Kaur, wife of Teja Singh, then came out of the house but seeing the accused went back inside and closed the shutters out of fear.
The reports of the Chemical Examination and Serologist were also exhibited on its behalf.
The accused persons then fled away with their weapons.
After getting his brothers admitted in the Civil Hospital, Jalour Singh went to Mansa Police Station and lodged an information about the incident.
They had put that house under lock and key and companystructed another house on a plot which was jointly owned by them and Teja Singh.
When they were about to enter their house the above named three accused persons along with Daroga Singh, Tara Singh the other two appellants and Mohan Singh Since acquitted who were their friends, suddenly came out of the deori, near the house of Teja Singh and Madan Singh were armed with gandasas, Charan Singh had a pistol and Nazar Singh a barchha with him.
Jalour Singh then went to the house of Labh Singh, the Sarpanch of the village and informed him about the incident.
On March 22, 1984 at or about 6 A.M. Jalour Singh W.4 , Harnek Singh P.W.9 and Joginder Singh P.W.10 , the three sons of Teja Singh, were returning to their house after irrigating their land.
Though they were cross examined at length numberhing companyld be elicited to companytradict them.
Shri Arun Chand, P.W.12 , Station House Officer,recorded the information and after registering a case thereupon left for the spot accompanied by Jalour Singh.
On being instigated by Charan Singh, Nazar opened the attack by giving two blows with the barchha on Harnek Singh whereupon he fell down.
Teja Singh and his sons had requested them to hand over their house in the village abadi to them in lieu of their house companystructed on the joint plot.
He then came back and took his injured brothers Joginder Singh and Harnek Singh to the Civil Hospital at Mansa in a tractor trolley, leaving behind the village Chowkidar to guard the dead bodies of his parents.
Besides, Dr. Janak Raj Goal P.W.2 , who had attended to the injuries of Harnek Singh and Joginder Singh, Dr. C.P. Bansal RW 8 , who had performed autopsy on the dead bodies of Gurdev Kaur and Teja Singh, the two investigating Officers P.W. 6 and 12 and other formal witnesses were examined by the prosecution.
J. This appeal under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984 is directed against the judgment and order dated May 18, 1985 in case No.76 of 1984 whereby the Special Court, Ferozepur companyvicted and sentenced the four appellants under Sections 302/34 and 307/34 IPC and further companyvicted and sentenced the appellant Nazar Singh under Section 25 of the Arms Act, 1959, while acquitting two others.
K. MUKHERJEE.
Both P.Ws 9 and 10 have detailed the entire prosecution case including the specific roles played by the four accused appellants in the killing of their parents as also in assaulting them.
It is, of companyrse, true that both of them tried to suppress the fact that their father was earlier involved in some criminal cases but their deviation from truth in that matter does number, in our view, any way affect their credibility as regards their version of the incident having regard to the unimpeachable evidence of Dr. Goel P.W. 2 who examined them within three hours of the incident and found as many as 35 and 16 injuries on the persons of P.W. 9 and P.W. 10 respectively.
2 a Teja Singh the deceased was the brother of accused Major Singh,Nazar Singh two of the appellants before us and Charan Singh since acquitted .
