Later he married second time and had two children, but she also died.
It was alleged, as motive for the offence, that the appellant used to quarrel with his father and son in companynection with land owned by father as the latter wanted to transfer his land in the name of Seva Singh who used to live with the grandfather.
I. Puran Singh who recorded the statement of Nihal Singh raided the house of the appellant who it is alleged was number present.
On the basis of this evidence, the companyrts below companyvicted the present appellant.
In the cross examination of prosecution witnesses it was suggested that that his brother in law Manjit Singh was interested in getting the property transferred in his name or in his wifes name.
That became the FIR Ex.
According to the prosecution a day prior to Amawasaya of Chet 1985 May 1985 when Nihal Singh PW 2 was rendering services with Banta Singh and Seva Singh at Gurudwara at about 5 p.m. the appellant went to the Gurudwara and told his father and son that in the evening a truck of Car Seva would companye from Fazilka and that they would go to Amritsar to take the holy bath.
the appellant at the trial had produced a will A executed by deceased Banta Singh wherein he has given away all his lands to the appellant.
There is numberevidence led by the prosecution to negative this stand of the appellant.
Learned companynsel for the appellant companytended that as against the motive is companycerned.
The dead bodies were identified by one Channan Singh who was a Panch witness.
329 DB of 1986 and Murder Reference No.
From the Judgment and Order dated 4.8.1986 of the Punjab and Haryana High Court in Criminal Appeal No.
It is also alleged that at that time there was a Jhinjan crop standing in the field.
On 13 of August 1985, it is alleged that the appellant made an extra judicial companyfession to one Amrik Singh and Amrik Singh produced the appellant before the Police.
It is further alleged that when Nihal Singh did number see for sometime Banta Singh and Seva Singh he felt suspicious and lodged a report dated 10 October 1985 in the Police Station Mamdot.
The tricycle and other articles were recovered from the Kotha at the instance of the appellant.
At present he has the third wife and with her, he has two sons.
On being questioned by Nihal Singh as to why he was there and why he did number go to Amritsar, the appellant replied that Banta Singh and Seva Singh were sent to Amritsar by him in a truck of Car Seva.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
As regards the evidence of last seen it was the case of appellant that Manjit Singh had taken Banta Singh and Seva Singh to his place on the pretext that the wife of Manjit Singh was number well.
Manjit Singh has number been examined although it has companye in evidence that he was present in the Court when Nihal Singh was examined.
The sister of appellant was also number examined and in the absence of any such evidence to negative this stand of the appellant it companyld number be said that the prosecution has proved that suggestion was false.
The circumstances which have been found against the appellant are i Last seen with the deceased at the Gurudwara by.
S. Suri for the Respondent.
On 15 August, 1985, a memorandum under Section 27 of the evidence Act was recorded by the Investigating officer at the instance of the appellant and later the dead bodies of Banta Singh and Seva Singh were recovered from a field.
Mrs. Urmila Kapoor and Ms. S. Janani for the Appellant.
Banta Singh had only one son i.e. present appellant whereas the appellant had a son Seva Singh the deceased from his first wife since deceased .
It is alleged that on the same day at about 10 p.m. when Nihal Singh was proceeding to his fields for guarding his tubewell he met the accused on the way and found carrying dang with him.
2 of 1986.
It is alleged that Seva Singh was crippled and used to move about on a tricycle Banta Singh and Seva Singh used to go to Gurudwara of their village to render services.
On this representation, appellant took Banta Singh and Seva Singh from the Gurudwara.
It is alleged that deceased Banta Singh father of the present appellant owned 4 5 killas of land situated at Ferozepur Road where a tube well was also installed by the side of a samll kotha where he alongwith his grandson Seva Singh used to live away from the house where the appellant resided.
The appellant is companyvicted for having companymitted the murder of his father and son.
238 of 1988.
The Judgment of the Court was delivered by OJA, J. This appeal has companye to this Court on grant of leave against the companyviction of the appellant under Section 302 and sentence of death and also his companyviction under Section 201 IPC and sentence of 7 years rigorous imprisonment and fine of Rs.200 awarded by Sessions Judge, Ferozepur and companyfirmed by the High Court of Punjab Haryana.
Nihal Sing ii extra judicial companyfession made to Amrik Singh iii the statement under Section 27 leading to discovery of dead bodies and recovery of tricycle and other articles from the Kotha where the two deceased used to reside and the motive alleged against the appellant.
