The learned Sessions Judge, who heard the evidence, seems to have been impressed by the evidence of the eye witnesses, and he has summed up his companyclusion in these words This evidence was so companysistent, so reliable, and of such nature that in my opinion it is definitely established that the five accused Lachhman Singh, Katha Singh, Massa, Singh, Charan Singh and Swaran Singh are proved to have actually murdered both Darshan Singh and Achhar Singh.
The circumstantial evidence in the case, on which the High Court has relied, may be briefly summarised as follows The second appellant, Massa Singh, who was arrested on the 18th December, 1948, was wearing a pyjama stained with human blood.
The third appellant, Swaran Singh, who was arrested on the 18th December, 1948, took the police on the 19th December to his haveli which was locked, and, on opening it two kheses wrappers which were stained with human blood were recovered.
Achhar Singhs brother, Darshan Singh, who was working as a driver at Amritsar, came to Dalam from Amritsar the same evening, and, on companying to know from his father that Achhar Singh had gone to Inder Singhs house, he also went there.
He also led the police to the bank of Sakinala and pointed out the trunk of the body of Darshan Singh which was lying in the nala.
8 of 1949.
while the two brothers were returning home, they were attacked by the three appellants and two of their relatives in a lane adjoining Inder Singhs house.
A police officer arrived in village Dalam shortly after wards, and after investigation a charge sheet was submitted against seven persons including the present appellants.
Jai Gopal Sethi R. L. Kohli, with him for the appel lants.
Lachhman Singh, who was arrested on the 28th Decem ber, 1948, pointed out a dilapidated khola near Sakinala where 3 spears, one kirpan and a datar, all stained with human blood, were recovered.
Appeal from the judgment and order dated 29th June, 1950, of the High Court of Judicature at Simla Weston J. and Khosla J. in Criminal Appeal No.
The learned Judge who tried the accused, companyvicted the appellants and two other persons under section 302 read with section 149 of the Penal Code and sentenced them to transportation for life, and companyvicted Ajaib Singh under section 201 read with section 149 and sentenced him to three years R.I. Bantu Singh, accused, was acquitted.
Bela Singh, father of the deceased persons, who was one of the persons who claims to have witnessed the occurrence, did number leave the village at night on account of fear, but he started about two hours before sunrise on the next morning and lodged the first information report at 10 A.M. at the nearest police station.
and the remaining two accused were charged with the offence under section 201 read with section 149 of that Code.
22 of 1950.
Gopal Singh for the State.
On the evening of 16th December, 1948, a little before sunset, Achhar Singh, one of the murdered persons, went to the house of one Inder Singh in village Dalam for getting paddy husked.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The High Court of Punjab upheld their companyviction and sentence and granted them a certificate under article 134 1 c of the Constitution that the case is a fit one for appeal to this Court.
The facts of the case may be briefly stated as follows.
Hence this appeal.
March 21.
The five assailants, who were armed with deadly weapons, in flicted a number of injuries on the two victims, as a result of which they died then and there.
After the murder, the appellants and their companypanions tied the two dead bodies in two kheses wrappers and took them to village Saleempura where two other persons, named Ajaib Singh and Banta Singh, joined them, and the dead bodies after being dismembered were thrown into a stream known as Sakinala at a place about five miles from village Dalam.
7 of 1949 and Case No.
The Judgment of the Court was delivered by FAZL ALl J. The three appellants were tried by the Additional Sessions Judge at Amritsar and found guilty of having murdered two persons named Darshan Singh and Achhar Singh and sentenced to transportation for life.
This fact is further proved from subsequent events as deposed by P.W. 8 Bahadur Singh and P.W. 9 Gian Singh and P.W. 11 Bhagwan Singh.
432 of 1949 arising out of a judgment dated 5th August, 1949, of the Court of the Additional Sessions Judge, Amritsar, in Ses sions Trial No.
Swaran Singh pointed out a spot on the way to Saki nala, where the two dead bodies were placed for a short time while they were being taken to Sakinala, and the police scrapped blood stained earth from that spot.
