they stopped the tractor near mukand singh.
for three months each buggar singh u s 302 ipc sentenced to death and to bagga singh for the murder pay a fine of rs.200/ or of pritam kaur in default to undergo for i. three months.
it is thereafter that pritam kaur the wife of mukand singh came out of the house and bugger singh gave kapa blows on her person.
it is alleged by the prosecution that the two brothers had inherited some land from their father and there were disputes about it.
the prosecution case at the trial was that on 24th june 1985 at about 7.30 p.m. dalip singh brother of pritam kaur and his son sarbjit singh were present outside the house of mukand singh alongwith gurnam singh son of babu singh.
mukand singh was returning to his house.
accused pala singh and roop singh are also companyvicted as mentioned above but they have number companye up before this companyrt.
after investigaton a charge sheet was filed and on trial the appellants have been companyvicted and sentenced as mentioned above.
ph which was recorded by inspector darshan singh.
dalip singh sarbjit singh and gurnam singh who had witnessed the incident raised an alarm and also threw brick bats towards the assailants.
after arrest the investigation officer interrogated darshan singh accused in the presence of gurnam singh son of kartar singh and kalkiat singh pw and he disclosed in his statement giving information where the gandasa is and on his information from the specified place the gandasa was recovered.
the appellant darshan singh is the son of pala singh whereas bugger singh is said to be an agricultural labourer working with pala singh and roop singh also belonging to the group of appellant.
he also took blood stained earth from the place where the bodies were found and recovered 20 brick bats from the spot.
then harbans kaur the daughter of mukand singh came out of the house and she was given three gandasa blows on her head by darshan singh.
from the judgment and order dated 9.10.1986 of the punjab and haryana high companyrt in crl.
r. sharma r.s.
they however were arrested subsequently on 27th june 1985 and 1st july 1985.
apparently pala singh and darshan singh by eradicating the family of his brother mukand singh removed one of the successors claiming half share in the property.
it was also alleged that as mukand singh had no male issue and harbans kaur was of marriageable age it appears from evidence that negotiations for marriage were in the offing pala singh apprehended the entrance of some stranger in the family as son in law of mukand singh to succeed to the property falling in the share of mukand singh.
a blow on the neck of mukand singh was inflicted by darshan singh as a result of which the neck was chopped off except that it remained suspended with the body by skin.
for roop singh three months each.
thereupon all the appellants made good their escape.
criminal appellate jurisdiction criminal appeal number 98 of 1987.
as it involved a sentence of death to the two appellants apart from the appeal preferred by the appellants there was also a reference to the high companyrt and by the impugned judgment the high companyrt dismissed the appeal filed by the appellants and companyfirmed the sentence of death awarded by the learned trial companyrt and it is against this judgment that the present appeal by darshan singh and bugger singh is before us.
pala singh and roop singh accused caught hold of mukand singh deceased and threw him on the ground.
darshan singh u s 302 ipc sentenced to death and to for the murder pay a fine of rs.200/ or of harbans kaur in default to undergo i. for three months.
he also held inquest of the three dead bodies of mukand singh harbans kaur and pritam kaur respectively and sent the dead bodies for autopsy.
n. mulla and s.k.
pala singh u ss 302/34 ipc sentenced to undergo buggar singh for the murder imprisonment for life alias bagga of harbans kaur and to pay a fine of singh and rs.200/ or in default roop singh r.i.
as a result all the three victims died on the spot.
darshan singh u ss 302/34 ipc sentenced to undergo pala singh and for the murder imprisonment for life and roop singh of pritam kaur to pay a fine of rs.200/ or in default to undergo i. for three months each.
suri h.s.
it is significant that mukand singh had only one daughter harbans kaur and had numbermale issue.
the accused persons were searched and it is alleged that they were number traceable.
this report was recorded at 8.30 p.m. and it was alleged that the incident had taken place sometimes in the evening about 7.30 p.m. inspector darshan singh went on the spot prepared the visual plan.
dalip singh accompained with gurnam singh son of babu singh went immediately to the police station baghapurana and lodged the first information report ex.
all the four accused got down from the tractor.
sabharwal for the appellants.
at that time darshan singh and roop singh accused armed with a gandasa each pala singh and buggar singh accused armed with kapa each came on a tractor from the village side.
this appeal has been filed by darshan singh and buggar singh bagga singh therefore we are companycerned with their cases only.
the judgment of the companyrt was delivered by oza j. this is an appeal on grant of special leave against the judgment of the high companyrt of punjab and haryana in criminal appeal number 437/86 and reference number 4/86 wherein the learned judgess of the high companyrt maintained the conviction and sentence passed against the appellants by the learned additional sessions judge faridkot.
a. number 437 of 1986.
