Thereafter, Baldev Singh caught hold of the arm of the deceased and Major Singh severed his head with a blow of the Kirpan.
At about 7.30 p.m. they reached near the transformer of the village and there in the light of the electric bulb which was on they found Major Singh armed with a Kirpan and Baldev Singh armed with Kapa sitting along with their third brother Shingara Singh.
Heard learned companynsel for the parties and perused the record.
The Investigating Officer, recovered the Kirpan, turban and blanket from the spot.
Hence the present appeal.
It is alleged that this was the motive for which the accused murdered Kashmir Singh in the incident in question.
After leaving Chanan Singh at the place of occurrence near the dead body, Lakhbir Singh went to call his companysin Jagir Singh and thereafter both of them proceeded to police post Behak Pachharian to lodge an FIR.
An alarm was raised by Lakhbir Singh, which attracted Chanan Singh to the spot and in his presence the accused ran away from the spot taking away the severed head of the deceased.
On account of nervousness, the accused had left the Kirpan, turban and blanket at the spot.
Lakhbir Singh made a statement Ex.
Thereupon Lakhbir Singh had jumped from the carrier of the cycle.
Sukhwinder Kaur died after two years of marriage with Kashmir Singh, and the accused had the suspension that Kashmir Singh had murdered Sukhwinder Kaur.
After autopsy, the post mortem report was handed over to the police.
P6 before the ASI, who after making his endorsement Ex.
On 25.1.1999, ASI Satnam Singh inspected the spot and prepared a rough site plan Ex.
He companylected blood stained earth and ordinary earth from the scene of occurrence and put the same in two separate plastic boxes which were companyverted into parcels and were eventually sealed with the seal SS.
In appeal the High Court upheld the judgment of the trial companyrt and dismissed the appeal.
Shingara Singh then caught hold of the deceased by his hair, who had tried to catch hold of the Kirpan of Major Singh and in that process he had received injuries on the fingers of his left hand.
On the way, they met ASI Satnam Singh PW7 along with other police officials at the Bus Stand of village Behak Pachharian where they were holding a Naka.
He prepared rough sketch of the Kirpan and took the same into possession.
The sealed parcels were taken into possession through recovery memo Ex.
The blanket and turban were also taken into possession separately and both parcels were sealed by him and were taken into possession through memo Ex.
According to the same, the injuries on the body of the deceased were found to be sufficient to cause death in the ordinary companyrse of nature.
He prepared an inquest report and sent the body through Mehtab Singh and Daljit Singh, Constables for post mortem to Civil Hospital, Zira along with application Ex.
The deceased in turn had thrown his cycle and fled into the fields of the wheat crop being followed by the appellants.
It is alleged that in the presence of the witness, Baldev Singh had given a blow from the sharp side of his Kapa on the left wrist of the deceased while Major Singh gave blows with Kirpan one after the other, as a result of which Kashmir Singh fell down.
The clothes of the deceased were also taken into possession and parcels companytaining blood stained earth, ordinary earth, kirpan, blanket and turban were went to the Chemical Examiner on 24.2.1999.
On 24.1.1999, Kashmir Singh was returning on a bi cycle to his house after delivering the milk in the milk dairy and Lakhbir Singh PW4 was sitting on the carrier holding a small companytainer meant for milk in his hand.
ASI Satnam Singh and the other police officials in the meantime had accompanied Lakhbir Singh to the spot, where a headless body of the deceased was lying.
P6/A had sent the same to the Police Station, Zira, on the basis whereof formal FIR Ex.
The facts as narrated in the record of the case are that the sister of the appellants Major Singh and Baldev Singh, Sukhwinder Kaur had been married to the deceased Kashmir Singh about 12 years prior to the date of the incident.
The bi cycle of the deceased was also taken into possession.
Shingara Singh had raised a lalkara that Kashmir Singh had companye in their grip and he should number be allowed to go away alive.
MARKANDEY KATJU, J. This appeal has been filed against the impugned judgment of the Punjab Haryana High Court dated 1.7.2005 by which the death sentence awarded to the accused Major Singh and Baldeo Singh under Section 302/201 IPC has been upheld.
