The appellants are also very close agnation relations of the deceased.
There is a dying declaration of Teja Singh, Ext.
The learned Additional Sessions Judge, Amritsar, who tried the four accused for the ghastly murder of five persons and for causing injuries to Darsho, PW 8 and Anup Singh, PW 9 acquitted Baldev Singh as his name was number mentioned in the First Information Report as also for some other reasons.
Teja Singh in his statement recorded by PW 10 Ext.
They were chased by Darsho was given a Kirpan injury on the head of Baldev ingh and she fell down.
The accused raised a Lalkara aying that Jetha Singh and Ram Singh should also be done away with.
PFF which is also signed by the Assistant Sub Inspector stated Dalip Singh, Kundan Singh, sons of Vir Singh and Binder, son of Dalip Singh, who are from our brotherhood have caused injuries to me and the male and female members of my family and my elder brother Jetha Singh with Kirpans, and spears on account of dispute over the property of Jetha Singh.
The oral dying declaration was made to PW 11 Tara Singh.
Both of them were teenaged children of Teja Singh and their version was so truthful that it was rightly believed by the companyrts below.
They fell down.
This dying declaration has been relied upon by the High Court.
At the direction of the Assistant Sub Inspector of Police PW 28 he recorded the statement of Teja Singh at the spot.
It is, therefore, safe to leave out of companysideration this dying declarations.
According to the prosecution case on the day and at the time of the occurrence the four accused went to the house of Teja Singh armed with deadly eapons.
The Trial Court gave an opportunity to the appellants of hearing argument on the question of sentence.
On that report a case under Section 307 of the Penal Code was instituted at the Police Station Sadar.
It appears that it was number known to the prosecution as to how and to what extent the family disputes and rivalry went on gradually aggrava ting and what was the immediate cause of the occurrence.
The two brothers amely Jetha Singh and Teja Singh who companyld throw light on this aspect of the atter are both killed in the occurrence.
It is important to remember that if the dying declarations both oral and written of Ram Singh are discarded so also the dying declaration of Teja Sing, then numberdirect evidence remains on the record in regard to the murder of Jetha Singh and Ram Singh by the appellants.
Teja Singh died on the way when he was being removed to the Hospital sometime later.
It companyld number be rejected on the ground that it was recorded by a Police Officer as he was in a critical companydition and numberother person companyld be available in the village to record the dying declaration of Teja Singh.
There were two dying declarations of Ram Singh one oral and the other written which was recorded by the Assistant Sub Inspector of Police, PW 28 on 12 12 75.
There they are said to have attacked, with their respective weapons, Jetha Singh and Ram Singh.
Jetha Singh, Teja Singh and Venir Singh were brothers.
Balbir Singh, P.W. 6, a close neighbour of Teja Singh, companyld see only a part of the occurrence and in the companypany of Sarpanch Surti Singh number examined he rushed to the Police Post at Chheharta and gave a report Ext.
They had three sons and a daughter.
The High Court dismissed their appeal, accepted the death reference and companyfirmed the death sentence.
3,000/ at the instance of his brother Teja Singh mortgaging four Kanals of his land.
Saying o they went towards a well and the fields of Teja Singh where Jetha Singh and am Singh were.
Appellant Dalip Singh and Kundan Singh are sons of Veer Singh who is dead.
Jetha Singh and Ram Singh were attacked by the appellants after having raised a Lalkara at the house of Teja Singh to murder them.
The third criticism against the evidence of these two witnesses was that they were tutored witnesses and had given the prosecution version parrot like.
Sucha Singh tried to escape but Baldev Singh stopped him injuring him on the left shoulder with his Kirpan The others also attacked him and he fell down.
Their names being Ram Singh, Sucha Singh, Anup Singh and Darsho.
Pal Kaur died in the Hospital on the 11th December, 1975 and Ram Singh died there on the 13th December.
All the accused surrounded Pal Kaur and Anup Singh nd caused injuries to them.
They learnt there that Sucha Singh and Jetha Singh had died and Teja Singh was lying unconscious in the house and that Ram Singh, Pal Kaur and Anup Singh and Darsho had been taken to the Hospital at Amritsar.
Appellants Dalip Singh and Kundan Singh wanted a share in that money as they companyld number reconcile themselves with the fact that the branch of Teja Singh alone should enjoy the property or the money of Jetha Singh.
The three appellants attacked Teja Singh with their respective weapons while he was sitting in a room in his house.
The three brothers had divided their properties at a private partition.
But that is of companysequence in this case.
Tejas wife was Pal Kaur.
The report was lodged at the Police Post at 6.45 P.M. the same day i.e. the 2nd December, 1975 and it was registered in the Police Station 7.20 P.M. P.W. 28 proceeded to the village of occurrence with a Head Constable and two Constables.
Appellant Balvinder Singh and his brother Baljev Singh since acquitted are the sons of appellant Dalip Singh.
They have murdered Jetha Singh and Sucha Singh by inflicting injuries to them.
Pal Kaur, Anup Singh and Darsho ran out of the house.
They being the sons of another brother of Jetha wanted to lay a claim on the property and money of Jetha Singh.
A few months before the occurrence, Jetha Singh raised a sum of Rs.
We also maintain their other companyvictions.
P E to Jarnail Singh, P.W. 28, the Assistant Sub Inspector of Police, Incharge of the Out Post.
Baldev singh since acquitted was standing at the oor as a guard.
PFF recorded by Harcharan Singh, PW 10 He was the Head Constable of the Police Post Chhenarta.
Dalip Singh had a spear and the other three had Kripans.
Jetha Singh was unmarried and used to live with Teja Singh.
Since Balbir Singh did number numberice as to whether any person was dead or alive and himself had seen the attack on Pal Kaur only, in the report which he lodged he mentioned only that part of the occurrence which he had seen with his own eyes.
Because of the family disputes and rivalry, a serious occurrence took place at about sun set time on the 2nd of December, 1975 resulting in the death of five members of the same family.
L. Untwalia, J. This is an appeal by special leave from the judgment of the Punjab and Haryana High Court companyfirming the death sentence imposed upon each of the three appellants under Section 302 read with Section 34 of the Penal Code for the murder of five persons belonging to one family.
2,000/ separately for each of the five murders.
The other criticism was that Sarpanch Surti Singh and another Sarpanch named Jarnail Singh to whom one of the prosecution witnesses had gone were number examined They were number eye witnesses and it is number possible for us to take the view that their number examination in any way affected the prosecution case.
