The accused are companylaterals of Jwala Singh, husband of Gulab Kaur and felt aggrieved because of the execution of the will by Gulab Kaur in favour of Ajaib Singh and Teja Singh.
The High Court acquitted Jaswinder Singh.
When the matter was taken up in appeal to the High Court, the learned Judges took the view that the trial companyrt was number justified in throwing over board the testimony of Amarjit Singh, Mal Singh and Teja Singh.
The appeal by the State against Harchand Singh and Jaswant Singh was accepted and those two accused were companyvicted under section 302 read with section 34 Indian Penal Code and each of them was sentenced to undergo imprisonment for life.
It was further stated by Ram Asra that injuries to Ajaib Singh deceased had been caused by Harchand Singh with a drat sickle and by Jaswant Singh with a kirpan.
From the Judgment and order dated the 23rd April, 1969 of the Punjab and Haryana High Court in Criminal Appeal Nos.
Harchand Singh then got recovered a blood stained barchha.
The six accused, who were present at their well close to the well of Ajaib Singh, then came there.
Jaswinder Singh, who was stated to be emptyhanded, was companyvicted under section 323 Indian Penal Code.
Jaswant Singh got recovered a blood stained takwa, while Jaswinder Singh got recovered a blood stained gandasa.
The High Court after taking into companysideration the evidence of those three witnesses as well the evidence of Ram Asra PW came to the companyclusion that the companyplicity of Harchand Singh and Jaswant Singh was established beyond any reasonable doubt.
One of the appeals was by Harchand Singh, Jaswant Singh and Jaswinder Sing, challenging their companyviction.
On arrival there, the accused stated that they would number allow Ajaib Singh to take water from the well.
The trial companyrt did number also place any reliance upon the dying declaration of Ajaib Singh.
The accused also stared inflicting injuries upon Ajaib Singh with their respective weapons.
HArchand Singh and Jaswant Singh thereafter came up in appeal to this Court by special leave.
He arrested the accused on June 16, 1966 when they were found to be hiding at Duraha power house.
Gulab Singh died about two years before the present occurrence.
The accused then ran away.
Harchand Singh and Jaswant Singh were accordingly companyvicted and sentenced as above.
Amarjit Singh, Mal Singh and Teja Singh claimed that they were proceeding from their house to the well with Tokras and Kahis for the purpose of companysolidating the new channel with earth filling.
The party arrived at Khanna hospital at about 6.30 p.m. Dr. Shamsher Singh incharge of the hospital then sent an intimation to police station Khanna statin that Ajaib Singhs companydition was serious and his statement might be recorded.
If that was the purpose for which they were going to the well, they would have gone there before and in any case number after Ajaib Singh deceased so that they might prepare the channel before Ajaib Singh started operation of the persian wheel at the well.
The High Court was further of the opinion that the case against Harchand Singh and Jaswant Singh fell under section 302 read with section 34 and number under section 304 part II read with section 34 Indian Penal Code.
Ajaib Singh died in the hospital soon thereafter at 8.45 p.m. Intimation about the recording of the dying declaration of Ajaib Singh was sent to police station Payal.
The other appeal was by the State of Punjab wherein it was prayed that the companyviction of Harchand Singh,jaswant singh and Jaswinder Singh should be under section 302 read with section 34 Indian Penal Code.
Ajaib Singh was put on a cart was taken first to Duraha and thereafter to Payal.
As the doctor was number available either in the Duraha Hospital or Payal hospital, Ajaib Singh was taken in a taxi to Khanna.
Sub Inspector Hoshiar Singh took over the investigation of this case.
After her death, the land of Gulab Kaur was under the cultivating possession of Ajaib Singh and Teja Singh.
Jaswinder Singh, Gajjan Singh and Labh Singh had gandasas, Jaswant Singh had takwa.
They rushed to the spot where Ajaib Singh was being assaulted.
The trial companyrt did number place any reliance upon the testimony of Amarjit Singh PW2 , Mal Singh PW 3 , and Teja Singh PW4 who were examined as eye witnesses of the occurrence and who had supported the prosecution case, as given above.
Sadhu Singh and Harchand Singh at that time were armed with barchhas.
Ram Asras statement, it would appear from the record, was recorded by the police on June 13, 1966 during the investigation of the case.
So far as Jaswinder Singh was companycerned, the High Court held that numbercase has been proved against them.
320 and 672 of 1967.
ASI Harbhajan Singh then went to the hospital and recorded statement PIK of Ajaib Singh at 7.30 p.m. In the said statement, Ajaib Singh gave the version of the occurrence as given above.
They were at a distance of about 60 karams from the place of occurrence when they, heard alarm being raised and on companying nearer they saw the six accused inflicting injuries upon Ajaib Singh deceased, As against, that, the version of Ajaib Singh deceased in the dying declaration was that the above mentioned three witnesses were working in the field nearby when he was assaulted by the accused.
Amarjit Singh, Mal Singh and Teja Singh were stated to be present in a nearby field at that time.
The prosecution case is that Gulab Kaur widow of Jwala Singh made a will of land measuring about fifty bighas in favour of Ajaib Singh deceased and his brother Tej Singh.
According to Ram Asra, only three of the accused, namely, Harchand Singh, Jaswant Singh and Jaswinder Singh were present at the time of the occurrence, while the other three accused were number present.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The occurrence, it is stated, was witnessed by Ajaib Singhs two sons Amarjit Singh and Mal Singh as well as by his brother Teja Singh.
A case was thereupon registered at that police station and a formal first information report was prepared on the basis of the dying declaration of Ajaib Singh.
Relying upon the evidence of Ram Asra, the trial companyrt companyvicted Harchand Singh and Jaswant Singh for offence under section 304 part 11 read with section 34 Indian Penal Code.
for the respondent The Judgment of the Court was delivered by KHANNA, J. Harchand Singh, Jaswant Singh, Jaswinder Singh, Sadhu Singh, Gaijan Singh and Labh Singh were tried in the companyrt of Additional Sessions Judge, Ludhiana in companynection with an occurrence which resulted in the death of Ajaib Singh.
On June 12, 1966 at about 10 or 11 a.m., it is stated, Ajaib Singh went to work his well known as nawa Khu in the area of village Jaipura.
The trail companyrt acquitted Sadhu Singh, Gajjan Singh and Labh Singh.
Nuruddin Ahmed and D. Goburdhan, for the appellants.
32 of 1970.
Post mortem examination on the body of Ajaib Singh deceased was performed by Dr. Gurcharan Singh Randhrawa on June 13, 1966 at I p.m. At the trial the accused the prosecution allegations and stated that they had been falsely involved in the case.
S. Marwah and R. N. Sachthey.
Two cross appeals were thereafter filed in the Punjab it Haryana High Court.
Jaswinder Singh was companyvicted under section 323 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year.
Harchand and Jaswant Singh were companyvicted by the trail companyrt under section 304 part It read with section 34 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of seven years.
The different accused were thereafter interrogated.
