They were entitled to be acquitted of that charge.
Thereafter Kuldip Singh ran away and he returned to his house.
There was fine frothy blood stained fluid on the larynx.
Muscles on the right side of the neck and she carotid vessels on the right side of the neck were cut causing extensive haemorrhage and shock.
Joginder Singh and Balwinder Singh were about 15 to 20 feet from Rupinder Singh when he jumped into the well.
Kishan Singh was going on the Phirni with his kirpan when Kuldip Singh came there with gandasi.
The underlying bone had been cut to a depth of 21/2 cms.
Jaginder Singh and Balwinder Singh were also companyvicted under Section 302 read with Section 34 for the murder of Rupinder Singh.
Blood stained earth was seized from the place where Kuldip Singh was found lying dead.
Kuldip singh fell down.
Those on the right scapular region and back were found to be more than 24 hours old, whereas the bruises on the back appeared to be fresh.
Otherwise the companyvictions were companyfirmed.
The pleura was companygested.
Muscles of the neck were out.
The accused were arrested and Kishan Singh was sent to the hospital for medical examination.
On appeal the High Court of Punjab and Haryana acquitted Kishan Singh and Balwinder Singh of the murder of Kuldip Singh but companyfirmed the other companyvictions.
Kuldip Singh gave a gandasi blow on Kishan Singhs head whereupon Kishan Singh took out his kirpan and gave a blow to Kuldip Singh.
The wound was found to be fresh.
Coming to know of it, Kishan Singh and Balwinder Singh gave him a beating.
Blood stained froth was found in the mouth.
Trachea was cut open.
Joginder Singh and Balwinder Singh chased him abusing.
They said that they would take away the daughter of Chanchal Singh and that she should be brought out.
The right chamber of the heart was full of blood while the left chamber was empty.
Blood stained fluid was present in the right lung which was companygested.
It was found that he had an incised wound with sharp margins over the left parietal region 31/2 cms x 3/4 cm.
He held that while Joginder Singh was guilty under Section 302 Indian Penal Code for the murder of Kuldip Singh, Kishan Singh and Balwinder Singh were also guilty of the murder of Kuldip Singh under Section 302 read with Section 34 Indian Penal Code, as they shared with Joginder Singh the necessary companymon intention.
Joginder Singh and Balwinder Singh denied the charges altogether but Kishan Singh stated that in companynection with the teasing incident that took place on 24th February, 1974, there was a Panchayat on 25th morning at which it was decided that Rupinder Singh should do to his sister whatever he had done to Pammi.
Kuldip Singh went forward with folded hands and requested the accused to pardon them.
Kishan Singh was also attempting to give a gandasi blow to Kuldip Singh when Surinder Singh picked up a gandasi which was there aud dealt a blow on the head of Kishan Singh.
Surinder Singh and Chanchal Singh went near the well.
The three accused persons them ran away horn the scene.
away came to the house of Chanchal Singh.
The case of the prosecution was as follows On 24th February, 1974, Rupinder Singh had teased Pammi the daughter of Kishan Singh, while she was in the field.
The Sessions Judge companyvicted Joginder Singh, under Section 302 Indian Penal Code and Kishan Singh and Balwinder Singh under Section 302 read with Section 34 Indian Penal Code for the murder of Kuldip Singh.
The women folk got frightened.
In regard to the death of Rupinder Singh, the learned Sessions Judge found that joginder Singh and Balwinder Singh alone but number Kishan Singh chased Rupinder Singh making him jump into the well.
There was swelling over the left temporal region, with extravasations of blood.
Therefore, Joginder Singh and Balwinder Singh alone were guilty of companymitting the murder of Rupinder Singh The High Court held that Kishan Singh and Balwinder Singh companyld number be said to have shared with Joginder Singh the companymon intention of companymitting the murder of Kuldip Singh.
Meanwhile Rupinder Singh started running towards the fields.
The earth was found to be stained with blood but the Serologist was unable to say whether it was human as it had disintegrated by that time.
Rupinder Singh was number to be seen.
The Sessions Judge rejected the defence version and accepted the prosecution case.
The doctor opined that the injury was sufficient in the ordinary companyrse of nature to cause death and that death must have been instantenous.
Next day at about 2 p.m. Chanchal Singh, his wife Pritam Kaur, his son Rupinder Singh and his daughters were present in their house when Kishan Singh and his two son Joginder Singh and Balwinder Singh came there abusing them.
Rupinder Singh jumped into a well in order to save himself.
Pritam Kaur took her daughters inside the house and bolted the door.
On the body of Rupinder Singh there were multiple bruises on the back, right scapular region and left arm.
The blood stained earth which was seized from the place where Kuldip Singhs body was found, was sent to the Chemical Examiner and Serologist.
The Doctor opined that the head injury rendered Rupinder Singh unconscious and thereafter he died of asphyxia due to drowning.
Surinder Singh then went to the Police Station, Saddar, Patiala, about thirteen miles from the village and gave the report at 4.15 p.m. Thereafter PW 14, the Sub Inspector proceeded with the investigation.
Hearing the numberse a Kuldip Singh and Surinder Singh, nephews of Chanchal Singh, who live about 50 kms.
So was the left lung.
The dead body of Rupinder Singh was taken out of the well and both the dead bodies were sent for post mortem examination.
Joginder Singh was armed with a small kirpan, Kishan Singh with a Gandasi and Balwinder Singh with a stick.
Joginder Singh immediately gave a blow on the neck of Kuldip Singh with the kirpan in his hands.
Autopsy on the body of Kuldip Singh revealed an incised wound on the left side of the neck starting from mid line 2 above clavicular fossa, going down towards the left side 21/2 in length and slanting.
Chinnappa Reddy, J. Joginder Singh and Balwinder Singh who along with their father Kishan Singh were tried for the murders of Kuldio Singh and Rupinder Singh, are the appellants in this appeal by special leave.
