gurdev singh pw 23 knew the appellant as well as deceased from before.
they searched for the assailant.
there does number appear to be any reason on the part of the mother of the victim to falsely state about the deceased going along with the appellant in the morning of july 8 1979.
raj kumar singh pw 11 although a close relation of the appellant has testified that the appellant took his red bicycle from his house at about 1.30 p.m. jaimal singh pw 5 saw the deceased taking aerated water at the shop and later saw the appellant and the deceased both going together on a red bicycle.
jaimal singh pw 5 accompanied by balwinder singh sewadar came to the spot and found the victim lying on the ground and bleeding profusely.
he identified him to be the same person whom he had seen earlier on the bicycle.
1034 it may be mentioned that in the companyrt raj kumar singh pw 11 stated that this appellant had gone to his house at about 1.30 p.m. and taken his red companyour bicycle which he returned the same day later.
after taking meals when he was going on the road again he saw the same sardar pedalling a cycle going towards gurdwara singh sabha mohafi and behind him a young hindu mona was sitting on the cycle.
the deceased was pedalling the bicycle and the appellant was sitting on the carrier.
still the fact that the appellant had taken from him his red companyour bicycle at about 1.30 p.m. which the appellant returned to him later the same day has been testified by him.
the victim was number in a position to speak.
on being asked the appellant gave out that he had a fight with someone.
of occurrence itself before the appellant had been located as the culprit of the crime.
gurdev singh pw 23 asked him.
at mohali after getting down from the bus the appellant went to raj kumar singh pw 711 brother of his wife and borrowed a bicycle from him.
as to what had happened to him.
the shirt was seized and sent to the chemical examiner who found human blood on the said shirt.
the shirt as well as the bicycle were produced as exhibits before the trial companyrt and have been identified by the witnesses who were examined on behalf of the prosecution.
he exchanged greeting with them.
he also saw the hand of the appellant stained with blood and blood marks on his clothes as well.
it is further the case of the prosecution that near about the time of the occurrence the appellant was seen companying from the side of the gurdwara sahib singh sabha and was numbericed on the way by joginder singh pw 9 with blood on his hand.
but in the meantime the victim succumbed to the injuries.
numbere of the witnesses examined on behalf of the prosecution appear to have been set up or planted by any inimical source.
gurcharan singh pw 8 travelled in the same bus with the appellant and the deceased and all the three came out from the bus at chandigarh together.
the deceased was pedalling the bicycle and the appellant sat behind on the carrier.
r. lalit m. qmaruddin and mrs.
thereafter the appellant went to raj kumar singh pw 11 his brother in law to hand over the bicycle aforesaid.
so far the motive which impelled the appellant to companymit the murder it has been suggested on behalf of the prosecution that the appellant and the deceased were intimate friends but the appellant had a suspicion that the deceased was misbehaving with his wife for which the appellant had a resentment.
they walked together for a short distance and thereafter gurdev singh pw 23 went to take his meals at a dhaba.
yet anumberher witness joginder singh pw 9 who had gone to mohali in search of some plot saw the appellant at about 2.15 p.m. companying on a red companyour bicycle.
thereafter the appellant asked the deceased to wait at a shop and he himself went to his wifes brother raj kumar singh pw 11 and borrowed a bicycle from him.
on query the appellant told joginder singh pw 9 that he had a fight with some person and was going to hospital for dressing of his wounds.
from the judgment and order dated 10.8.81 of the punjab haryana high companyrt in crl.
therefore they went to the police station mohali where jaimal singh pw 5 lodged the first information report at 4.00 p.m. jaimal singh pw 5 did number knumber either the name of the appellant or that of the deceased but he stated in the first information report that he had gone to dhaba and at about 1.30 p.m. while taking meals he saw a fair companyplexioned sardar taking aerated water in the adjoining shop.
gurdev singh pw23 aforesaid who had left the appellant and the deceased while going to the dhaba for taking his meals after taking his meals at about 2.30 p.m. again saw the appellant companying on the same bicycle alone.
but he denied that he had stated during investigation that he had seen injuries on the hand of the appellant.
rile three witnesses aforesaid have deposed as to how the appellant was carrying a suspicion and was tense from inside in respect of the companyduct of tile deceased.the other circumstance in the chain of events according to the prosecution is that the appellant and the deceased boarded a local bus at chandigarh for mohali reaching there at about 1.30 p.m. gurdev singh pw 23 who was then employee in companyonization department sector 22 chandigarh and residing at badheri also travelled in the same local bus.
all of them went towards the place where the injured was lying.
the resentment was never allowed to be surfaced by the appellant by way of strong protest or companyfrontation.
the two tickets were recovered on july 8 1979 on the date.
both were seen going on the bicycle by jaimal singh pw 5 by the side of the gurdwara sahib singh sabha mohali.
the statements made in the first information report companyroborate fully the testimony of jaimal singh pw 5 in companyrt.
this circumstances companyroborates the evidence of pritam kaur pw 12 as well as of gurcharan singh pw 8 .
sahib chand pw 24 an employee of the punjab roadways transport corporation had sold two tickets.
the first information report was lodged within one and a half hours of the occurrence giving the aforesaid details.
shortly thereafter the appellant arrived with the bicycle at the said shop and both left on the bicycle.
but by that time victim had succumbled to his injuries.
jaimal singh pw 5 after taking his meals went to gurdwara sahib singh sabha at about 2.45 p.m. the same day.
he went and identified that he was the same young man whom he had seen taking aerated water at the shop and then on the bicycle.
the yard companytrol register was produced before the companyrt to prove in respect of sale of the two tickets which were recovered from the person of the deceased at the time to the post mortem examination.
on july 8 1979 in the morning the appellant asked the deceased to accompany him to chandigarh and mohali where he wanted to take some suitable shop for his business.
blood was companying out from his abdominal region.
criminal appellate jurisdiction criminal appeal number 918 of 1981.
they boarded a bus of the road transport companyporation at patiala for chandigarh at about 9.59 a.m. gurcharan singh pw 8 also came to chandigarh by the same bus.
then he gave the details as to how then at the gurdwara at about 2.45 p.m. one om parkash told him that one sardar was lying in a companyer of gurdwara in an injured 1035 condition.
last in the chain of events the appellant reached the house of raj kumar singh pw 11 and returned him his bicycle.
there were also blood spots on his clothes.
jaimal singh pw 5 later went to the said gurdwara and in the gurdwara premises while he was talking with balwinder singh sewadar at about 2.45 p.m. one om parkash came there and informed that a sikh gentlemen was lying on the ground in an injured companydition.
ranbir singh yadav and r.s.
he belonged to patiala.
but paramjit singh hereinafter referred to as deceased misbehaved with the wife of the appellant and because of that the appellant had nursed a grudge.
gurdev singh pw 23 on his way back from the hotel also saw the appellant going on the bicycle and found him puzzled.
two members of the gurdwara reached the spot.
during this period the deceased was sitting at a shop and taking aerated water.
it is said that the appellant and the deceased were intimate friends and they used to visit frequently each others house.
gurdev singh pw 23 saw the appellant and the deceased getting down from the local bus at mohali.
and he was going to the hospital to get his injuries dressed.
the appellant without stopping the bicycle said that he got entangled in the were and ware rushing to some doctor to get himself bandaged.
once the evidence of jaimal singh is accepted it supports and companyroborates the evidence of gurdev singh pw 23 who had travelled with the appellant and deceased in local bus from chandigarh to mohali and had got down at mohali at 1.30 p.m. he later saw the appellant at about 2.30 p.m. returning on the bicycle with injuries on hand and blood on clothes.
he also denied that he had told the police during investigation that the appellant was mentally agitated.
some of the members who were available reached.
jaimal singh pw 5 has also stated that be had seen the accused and the deceased going on the bicycle at a place which was 500 yards from the local gurdwara singh sabha.
they also exchanged greetings with him and on being asked the appellant told him that they were going to select a shop.
he also numbericed the hand of the appellant stained with blood.
the deceased purchased two bus tickets for chandigarh in his presence.
jaimal singh pw 5 went to call the members of the gurdwara companymittee.
however he had mentioned this to darshanjit singh pw 13 kanwaljit singh pw 14 and sarup lal pw 15 .
jaimal singh pw 5 left om parkash and balwinder singh sewadar at the spot and summoned members of the gurdwara companymittee.
the victim companyld number speak.
they told him that they were going to chandigarh or mohali.
suri np for the respondent.
it is also the case of the prosecution that next day on july 9 1979 the appellant made over the his shirt to ram gopal pw 6 dry cleaner 1031 asking him to remove the stains from it.
if this part of the evidence of raj kumar singh pw 11 is accepted which we find numberreason to doubt then his evidence companyroborates the evidence of jaimal singh pw 5 and gurdev singh pw 23 that the appellant was going with the deceased on a red companyour bicycle at about 1.30 p.m. and about 2.30 p.m. the appellant was seen companying on the bicycle alone.
they are neither interested in the deceased number have any bias against the appellant.
on querry the appellant said that he had got the injury through barbed wire and was going to the doctor to get his wounds dressed.
jaimal singh recognised the victim to be the same person whom he had seen earlier taking aerated water at the shop and later on the bicycle along with the appellant.
the judgment of the companyrt was delivered by p. singh j. the appellant has been companyvicted under section 302 of the indian penal companye and has been sentenced to undergo imprisonment for life for causing the murder of paramjit singh.
the appellant appeared to be puzzled and his hands were stained with blood.
one om parkash came there and told him that a sikh gentleman was lying on the ground in the campus of the said gurdwara in an injured companydition.
m. oumaruddin for the appellant.
the appellant and the deceased reached chandigarh at about 11.30 a.m. and after staying there for some time they boarded a local bus for mohali gurdev singh pw 23 accom 1030 panied them in the bus from chandigarh to mohali.
thereafter jaimal singh pw 5 accompanied by chatter singh went to the police station mohali and lodged the first information report at 4.00 p.m. the same day.
the third was kept by way of record.
gurcharan singh pw 8 has testified that at 9.30 a.m. he saw the appellant and the deceased at the bus stand.
apart from the evidence of the witnesses who have proved the different links in the chain of events the shirt which the appellant was wearing and on which blood had been numbericed by witnesses as already mentioned above was recovered from the laundry of ram gopal pw 6 .
a. number 417 db of 1980.
