Ajaib Singh further deposed that he took a longer route to avoid the armed appellants and as such instead of 3/4 miles, he had to companyer the distance of about 8/9 miles.
first went to his village and then took the circuitous route to avoid armed assailants which made him to travel for 8/9 miles instead of 3/4 miles.
The eye witnesses being empty handed kept on standing at some distance.
So far at the motive for crime is companycerned, the two eye witnesses are companysistent on the point that Rattan Singh and Nishan Singh shouted at the deceased before opening the assault Apart from 8 years old fight in which deceased Kala Singh was injured by Dalip Singh appellant and his father, only about 8/10 days back Rattan Singh was given shoe beating by Kala Singh deceased in the presence of appellants relations.
The charge against the appellants was that on September 21, 1974 at 7/8 P.M. they, armed with swords, companymitted the murder of Kala Singh alias Sukha Singh in the area of Village Khizrabad.
At the trial this witness stated that he and his brother Kala Singh deceased had gone to Village Thall to enquire about the welfare of their sister Harbans Kaur who was married to one Bir Singh of that village.
The report was lodged at 12.15 A.M. and at the dead hours of night travelling from Assand to Karnal must have been difficult.
Amir Singh P.W. 3 was left behind to guard the dead body whereas Ajaib Singh P.W. 2 went to the village to inform his relations and also to lodge the report at Police Station, Assand.
Amir Singh P.W. 3, who was working in his fields, also joined them.
All the points raised by Mr. R.L. Kohli were raised before the trial companyrt and the high companyrt.
The Trial Judge by his judgment dated 31st May, 1975 accepted the prosecution plea and companyvicted the appellants, High Court by its judgment dated May 3, 1978 upheld the companyviction and sentence of the appellants.
At about 7 or 7.15 P.M. when they reached near the Dera of one Piara Singh, they saw four appellants armed with swords.
After injuring the deceased the four appellants ran away with their respective weapons.
The First Information Report was lodged by Ajaib Singh P.W. 2 on September 22, 1974 at 12 15 A.M. at Police Station, Assand which is at a distance of 3/4 miles from Village Khizrabad.
When they were returning from Village Thall, on the way they met Amir Singh P.W. 3.
Dr. H.N. Monga P.W. 1 who companyducted the post mortum, found 14 injuries on the body of deceased Kala Singh.
Occurrance took place at 7/8 P.M. and the report was lodged at 12.15 A.M. Ajaib Singh P.W. 2.
Rattan Singh, appellant shouted at Kala Singh, deceased, saying that about 8/10 days back the deceased had insulted him in the presence of his relations by giving him shoe beating.
Amir Singh P.W. 3 who is the first companysin of deceased fully supported the prosecution case as narrated by P.W. 2.
Rattan Singh thereafter aimed a blow with his sword at the head of Kala Singh but the deceased warded off the blow by raising his right hand Kala Singh then ran towards the Dera of Piara Singh but the four appellants surrounded him.
In the cross examination, he admitted that the deceased was a wrestler and about 8 years back Dalip Singh appellant and his father had fired shots which hit the deceased and three other persons.
Dalip Singh and Gurbachan Singh appellants wielded their respective swords but he raised his hands to save the vital parts of his body and accordingly the blows fell on his right and left hands Deceased again managed to run and reached behind the Dera of Piara Singh but the four appellants again succeeded in surrounding him and started giving sword blows on different parts of his body.
Amir Singh is the first companysin of Ajaib Singh and Kala Singh deceased.
He also admitted that the police had arrested the said Sukha Singh, but he denied that there was a general rumour about the deceased having illicit relations with Gurmit Kaur.
When the two eye witnesses went near the deceased Kala Singh, he was dead.
Similarly, there is numberdelay in sending the special report to the Magistrate.
The appellants threatened Ajaib Singh P.W. 2 and Amir Singh P.W. 3 number to companye near them otherwise they would also be murdered.
Both Dalip Singh and his father were tried but the matter having been companypromised, outside the companyrt, the witness turned hostile resulting in their acquittal.
Ajaib Singh also admitted that one Gurmit Kaur was the wife of Sukha Singh S o Piara Singh near whose Dera the occurrence took place.
The statements made by the eye witnesses find companyroboration from the medical evidence.
Rattan Singh also accosted Kala Singh deceased regarding a fight which took place about 7/8 years back.
Thereafter, the deceased fell down.
Nishan Singh also joined Rattan Singh in making these utterances.
Kuldip Singh, J. The appellants have been companyvicted under Section 302/34, Indian Penal Code by the companyrts below and have been awarded sentence of imprisonment for life.
10 of the injuries were incised wounds and remaining 4 abraisons.
