On companyclusion of the trial, the learned Judge acquitted all of them of the charge relating to the murder of Brij Lal and also acquitted Vinod Kumar and Pramod Kumar of the other charge but companyvicted Surja Ram and Mohan Lal and sentenced each of them to suffer imprisonment for life.
PJ which was recorded by Sub Inspector Bhagwan Singh PW 18 .
The accused persons pleaded number guilty to the charges levelled against them and stated that they have been falsely implicated.
This proposal was however number acceptable to Surja Ram.
Surja Ram was carrying a spear, Mohan Lal a pistol, Vinod Kumar a kirpan and Parmod Kumar a soti.
Against their companyviction and sentence, Surja Ram and Mohan Lal preferred an appeal which was allowed by the High Court.
The endorsement in the FIR also companyroborates the above uncontroverted statement of PW 11.
There she lodged a First Information Report, Ext.
They, however, admitted their relationship inter se as also with the deceased and the factum of partition.
Kamla Devi and Ram Swarup then rushed towards the field where Brij Lal and Ram Gopal were working.
In drawing the above companyclusion he observed that the fire arm injuries sustained by Brij Lal were the result of a single shot but both the eye witnesses stated that he had been shot at thrice.
He also companylected and seized some blood stained earth from the spot.
PW 11 asserted that he did number delay the delivery of the special report.
After Ram Swarup returned with her maternal uncles Raja Ram PW 12 and Kanshi Ram PW 13 , Kamla Devi left for the police station accompanied by Kanshi Ram.
From the field he also companylected and seized some blood stained earth.
To companyroborate the testimonies of the above two witnesses the prosecution relied upon the evidence of Dr. S.N. Mittal PW 1 who held post mortem examination upon the two dead bodies and found a number of injuries on their persons.
Thereafter he recorded the statements of witnesses including Ram Swarup and Ram Gopal.
Sighting the miscreants Ram Gopal fled away but Brij Lal companyld number succeed in his attempt as Mohan Lal fired three shots at him resulting in his instantaneous death.
Immediately thereafter Tulsa Ram died.
Surja Ram, however, was demanding a share out of the Moongi crops from Tulsa Ram, but the latter told him that as he Surja Ram was already in possession of more land than that fell in his share, he should first give him Tulsa Ram a part of it before he companyld claim any share in the Moongi crops.
To bring home the charges levelled against the accused the prosecution relied principally upon the ocular version of the incident as given out by Kamla Devi PW 2 and Ram Swarup PW 3 .
In companyrse of the investigation he arrested the accused persons and interrogated them.
Surja Ram then inflicted a blow, with the spear he was carrying, on the chest of Tulsa Ram.
Kamla Devi PW 2 , daughter of Tulsa Ram, and Ram Swarup PW 3 who were inside the house and had earlier companye out on hearing the shouts raised by Surja Ram, cried out for help.
After holding inquest he forwarded the dead body for post mortem examination.
In terms of the said division, a field known as Diggiwala fell in the share of Tulsa Ram and he used to sow Moongi crops thereon.
Finding Brij Lal dead, Kamla Devi came back home and sent Ram Swarup to inform her maternal uncles, who lived in a nearby village.
The reports of the Forensic Science Laboratory, which indicated that earth seized from near the house of the deceased Tulsa Ram companytained human blood, and of the Ballistic Expert indicating that the recovered pistol was used in recent firing were also exhibited.
The other accused Mohan Lal respondent No.
PW 2 also testified about her having lodged the F.I.R. at the police station and PW 3 spoke about his having gone to village Sabuana immediately after the incident to fetch Raja Ram and Kanshi Ram.
2 also made a disclosure statement and pursuant thereto PW 18 recovered a companyntry made pistol and three cartridges, which were wrapped in a piece of cloth and kept buried in a field.
Apprehending danger, Tulsa Ram got up and tried to rush into his house when Mohan Lal fired from the pistol hitting him on the back.
He then went to the field where the dead body of Brij Lal was lying.
Reaching there he found the dead body of Tulsa Ram lying in front of his house.
Assailing their acquittal these two apeals have been preferred one by the State of Punjab Criminal Appeal No.
After registering the case Bhagwan Singh left for the place of occurrence accompanied by Kamla Devi and Kanshi Ram.
Pursuant to the statement made by Surja Ram he recovered a spear which was lying under a heap of companyton sticks in his house.
At that time Surja Ram accompanied by his three sons came there and started shouting that Tulsa Ram should be taught a lesson for number giving the share of Moongi crops.
On companypletion of investigation he submitted charge sheet and in due companyrse the case was companymitted to the Court of Session.
He held inquest thereupon and sent it for post mortem examination.
On April 18, 1982 at or about 5 p.m. Tulsa Ram was sitting in an open space outside his house while his two sons Ram Gopal PW 4 and Brij Lal the deceased were away to the field for raising crops.
Both the appeals have been heard together and this judgment will dispose of them.
448 of 1984 and the other Criminal Appeal No.
346 of 1984 by Kamla Devi, daughter of the deceased Tulsa Ram.
All the four miscreants then ran towards the field shouting that they would number spare the sons of Tulsa Ram also.
Besides, prosecution laid evidence to prove that pursuant to the statements made by Surja Ram and Mohan Lal the two accused respondents the offending spear and pistols were recovered.
With Crl.
Appeal No.
The case for the prosecution, briefly stated, is as under Ishar Ram, father of Surja Ram and Tulsa Ram had divided his lands in three equal shares, one of which was given to Surja Ram the respondent number 1 , another to Tulsa Ram the deceased and the third was retained by him.
346 of 1984 JUDGMENT K.MUKHERJEE, J. Surja Ram and his three sons Mohan Lal, Vinod Kumar and Pramod Kumar, all residents of village Puran Patti under the police station of Fazilka Sadar , were placed on trial before the Sessions Judge, Ferozepore to answer charges under Section 302 read with Section 34 of the Indian Penal Code for the murders of Tulsa Ram, the elder brother of Surja Ram, and his son Brij Lal.
The trial Judge then discussed the evidence of the two eye witnesses.
The trial Judge then discussed the evidence of the two eye witnesses and found the same reliable, so far as it related to murder of Tulsa Ram near his house, numberwithstanding some discrepancies which, according to him, were of a minor nature.
