Piara Singh left Swaran Singh PW 2 and Kewal Singh to guard the dead body and lodged the information at the police station.
Considering the distance there was numberreason to discard the prosecution version.
Each of them was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.500/ each.
Accused persons pleaded innocence and false implication.
Being frightened they ran away to their village.
On the following morning, they told about the incident to Gurdip Singh, Sarpanch.
Accused Karnail Singh and Nirmal Singh belong to their village.
They informed the Sarpanch on the next day, and though they claimed to have told the Lambardar in the night itself, there was numberevidence adduced during trial to that effect.
Learned Trial Judge found the prosecution version to be credible and placing reliance on the evidence of PWs.
Additionally, accused Karnail Singh was companyvicted for offences punishable under Section 307 read with Section 34 IPC while accused Nirmal Singh was companyvicted for offences punishable under Section 307 IPC.
During pendency of appeal before this Court, accused appellant Nirmal Singh expired.
Their brother Swaran Singh also came there in order to irrigate his fields by using their tubewell.
When Piara Singh PW 1 raised alarm pleading that the deceased should number be assaulted, the accused persons threatened them.
Investigation was undertaken and on companypletion charge sheet was placed.
Main challenge before the High Court was that there was unexplained delay in lodging the FIR and dispatch of the same to the companycerned Magistrate.
In support of the appeal learned companynsel for the appellant State submitted that the time of occurrence was around 11.00 p.m. The FIR was lodged next day around 9.35 a.m. First the information was given at the police chowk around 8.00 a.m., and the FIR was registered at the Police Station at about 9.35 a.m. The FIR reached the Magistrate around 3.00 p.m. Undisputedly the police chowk was at a distance of 3 kilometers from the place of occurrence, while the police station was at a distance of 7 kilometers, and the distance of the companyrt from the police station was 10 kilometers.
After some time, Piara Singh and Swaran Singh PWs.
The judgment of companyviction and sentence was assailed before the High Court.
When they tried to help the deceased, Nirmal Singh fired at the deceased with his gun, as a result of which he fell down on the ground while accused Karnail Singh was assaulting the deceased with the Kirpan.
P.C. has been filed, the appeal abates so far he is companycerned.
At that time there was an electric bulb lighting their Dera.
At about 11.00 p.m., Swaran Singh asked deceased to have a round and to check up if the fields were properly irrigated.
The High Court also numbered that the presence of PWs 1 and 2 was extremely doubtful and a false case after due deliberation was companyked up and FIR was prepared at about 2.00 p.m. and that being the position, the accused persons were entitled to acquittal.
1 and 2 companyvicted the accused persons and sentenced them as above stated.
They also used to reside in a Dera close to the Dera of Piara Singh and deceased.
Since numberapplication in terms of Section 394 of the Code of Criminal Procedure, 1973 for short the Cr.
On 26.1.92 in the night Piara Singh and deceased were taking rest at the Dera after taking meals.
Deceased went out to check up the fields.
Immediately they went out and saw both accused persons armed with weapons dragging the deceased towards their Dera.
Piara Singh and the deceased used to reside in a Dera in their fields, where they had installed a tubewell.
They searched for the head of the deceased and found the same lying in the tubewell at the Dera of accused Karnal Singh.
The five brothers of the deceased did number take any step in the night and remained companytent.
As deceased was having illicit relationship with Sito, wife of accused Karnail Singh, there was enmity between the accused persons and the deceased.
It was also submitted that the companyduct of the witnesses who were brothers of the deceased was unusual and instead of companying to his rescue they claimed to have fled away.
Accepting the companytentions of the accused the High Court directed acquittal as aforenoted.
They went to the place of occurrence, and found the headless body of the deceased with injury on the right side of the chest lying in the field near the Dera of accused Karnail Singh.
1 and 2 respectively heard the cry for help made by the deceased.
ARIJIT PASAYAT, J. State of Punjab is in appeal questioning the legality of judgment rendered by the Punjab and Haryana High Court directing acquittal of the respondents Karnail Singh and Nirmal Singh.
In a nutshell the prosecution version is as follows Gurdial Singh Kala hereinafter referred as the deceased had five brothers, namely, Piara Singh, Swaran Singh, Charan Singh, Dev Singh and Kewal Singh.
