The prosecution also relied on an extra judicial companyfession made to Teja Singh, P.W. 13, but both the companyrts below have rejected this piece of evidence and it is unnecessary to companysider it any further.
In the early hours of the morning Dr. K. C. Saronwala P.W. I performed an operation on Bachhinder Singh and extracted a bullet from the left abdominal wall which was handed over to the Police.
Soon after their arrival at the Amritsar hospital Bachhinder Singh was examined by Dr. Kanwal Ki shore, P.W. 2, at 11 45 p.m. and finding the injury to be of a serious nature the doctor sent information to the Police as a result of which Head Constable Maya Ram Sharma, P.W. 4, arrived at the hospital sometime after midnight and, in the presence of Dr. Mahavir Sud, P.W. 17, recorded the dying declaration of Bachhinder Singh, Exhibit P H, after getting a certificate from the doctor that the injured person was in a fit state to make a statement.
This statement is the basis of the First Information Report, Exhibit P H. 1, which is a companyy of Exhibit P H. This report was recorded on August 2, 1954, at 7 50 a.m. at Police Station Sarhali which, we were told, is about 20 miles or so away from Amritsar.
Appeal by special leave from the judgment and order dated the 30th November, 1955, of the Punjab High Court in Crimi nal Appeal No.
282 of 1955, arising out of the judgment and order dated the 15th February, 1955, of the Court of the Additional Sessions Judge at Amritsar in Sessions Case No.
The appellant Bakshish Singh and his brother Gurbakshi Singh were tried for an offence under ss.
The case for the prosecution rests on the dying declaration of Bachhinder Singh, Ex.
6 of 1955.
He was at the time of shooting accompanied by his younger brother Narvel Singh, a boy of 13, and after getting injured Bachhinder Singh and his brother returned to the house.
On August 1, 1954, sometime between 7 and 8 p.m Bachhinder Singh son of Bhagwan Singh of village Kairon was shot in the lane in front of their house and as a result of bullet injuries be died the next day in the hospital at Amritsar.
CRIMINAL APPFLLATE JURISDICTION Criminal Appeal No.
As the Assistant Sub Inspector was away at Sarhali, he returned to the Railway Station and took his son to the Amritsar hospital by the train leaving Kairon at 9 47 p.m. Bhagwan Singh was accompanied at that time by his younger son, Narvel Singh, P.W. 12, and by Shamir Singh, Inder Singh and Narinjan Singh.
205 of 1956.
The learned Additional Sessions Judge rejected the dying declaration made by Bachhinder Singh on two grounds that at the time of recording the dying declaration number only Bhagwan Singh, the father, and Narvel Singh, the brother of Bachhin der Singh, were present but the police officer had actually made enquiries from them about the occurrence before he proceeded to record the dying declaration of Bachhinder Singh de ceased.
Kartar Singh Chawla, Assistant Advocate General, for the State of Punjab and T. M. Sen, for the respondent.
64 of Trial No.
L. Anand, and S. N. Anand, for the appellant.
The following Judgment of the Court was delivered by KAPUR J. This is an appeal against the judgment and order of the Punjab High Court reversing an order of acquittal by the Additional Sessions Judge, Amritsar.
Bhagwan Singh states that he was informed of the identity of the assailants by Bachhinder Singh who was, at his own request, carried from the house to the hospital at Kairon but as the injuries were serious the doctor at Kairon rendered first aid and advised the father to take his son to V. J. Hospital at Amritsar.
Bhagwan Singh then took Bachhinder Singh to the Railway Station but before the arrival of the train he went to the Police Post at Kairon which is at a distance of about 100 yds.
As Gurbaksh Singh was said to be ab sconding the appeal against the appellant alone was heard and decided by the High Court.
from the Railway Station in order to make a report.
P H, and on the statement of Narvel Singh, P.W. 12, who was an eye witness to the occur rence and on the statement made by the deceased to his father as to his assailant as soon as he Bachhinder Singh was brought to the house after receiving the injuries.
Against this judgment the State took an appeal to the High Court.
September 17.
302/34 of the Indian Penal Code but were acquitted.
An inquest report Exhibit P K was prepared at 2 30 p.m. by Head Constable Maya Ram, P.W. 4.
But Bachhinder Singh died at 1 35 p.m. on August 2, 1954.
