The High Court rejected the testimony of the eye witness Dalip Kaur on the ground that the statement of the witness regarding the area cultivated by Harpal, is number companysistent and she had a companyfused state of mind.
At 3 a.m. the doctor advised blood transfusion.
The doctor in Ex P. J, endorsed that the patient was fit for recording a statement at 4.55 a.m. and again at 5 a.m. The evidence numberdoubt discloses that Tej Kaur was number in sound companydition but we have numberhesitation in accepting the testimony of the doctor that she made the statement and it was truly recorded by the police.
As regards the shooting incident Dalip Kaur deposed that Ram Swarup was armed with a double barrel gun and Bahadur with a companyntry made pistol, and that her sister, Tej Kaur, was standing to the left.
Regarding the occurrence the High Court was of the view that Dalip Kaur was a prevaricating as in the first information report, she alleged that Ram Swarup and Bahadur both fired shots which hit her and her sister Tej Kaur while in her evidence she stated that Ram Swarup fired a shot from his gun which injured Tej Kaur and caused pellet injuries to her left arm and later Bahadur fired a shot with his pistol on Tej Kaur.
After the death of her husband Dalip Kaur was cultivating the land measuring 24 killas on share basis but a year before the land measuring 24 killas was cultivated by her brother in law Harpal and as her brother in law had number given her share of produce she told Harpal that she herself will cultivate the entire land measuring 40 killas and Harpal was annoyed at her statement.
In per statement she has clearly stated that it was Ram Swarup who fired a shot at her with his licensed gun and Bahadur fired a shot at her with his unlicensed pistol in order to kill her.
On hearing the alarm raised, some neighbours came and after seeing the companydition of Dalip Kaur and Tej Kaur went away.
Ram Swarup again aimed his gun at her mother Sant Kaur but the shot fired by Mm missed its mark and struck the wall.
Dalip Kaur also stated that Bahadur accused was in the employment of Harpal is a labourer for the last 10 12 years and Ram Swarup had been in the employment of Harpal for the past one year before the occurrence.
P. L. the dying declaration.
At the hospital the doctor saw the injured at 11 a.m. and attended to their injuries.
Dalip Kaur also received pellet injuries on her left arm.
On receipt of the injuries, my sister fell on the ground.
After about 2 1/2 hours one Sodagar and Resham Singh came in a jeep and took Dalip Kaur, her sister Tej Kaur and their mother Sant Kaur to Sirsa hospital.
sic D, Subsequently he examined Dalip Kaur at 11.45 p.m. and gave a certificate, Ex.
Within 45 minutes of the recording of dying declaration Tej Kaur died.
He prepared a plan of the site.
Immediately thereafter Bahadur accused fired a shot from a pistol at Tej Kaur which struck her on the chest from the front.
The Medical Officer sent intimation to the police at 3.45 a.m. on 18th July that Tej Kaur had been admitted in the hospital with the fire arm injuries and that the Police Officer may arrange for a dying declaration to be taken as early as possible.
Yesterday at, about 5 p.m. Tej Kaur deceased was talking to me in front of my kitchen.
The trial companyrt accepted the testimony of Dalip Kaur and the dying declaration.
The land measuring 16 killas had been allotted to them and land measuring 16 killas had been under the cultivation of Harpal for the last 12 or 13 years.
Mr. Mookerjee the learned Counsel, pointed out that the description was a tutored one.
Dalip Kaur stated in her evidence that the shot fired by Ram Swarup hit Tej Kaur and some pellets hit her also.
At about 3 a.m. blood transfusion was advised to the patient and at 4 a.m. the doctor found the pulse number palpable and blood pressure number recordable.
Explaining the companydition of Tej Kaur during the night the doctor stated that when Ten Kaur was brought to the hospital she was number in a critical companydition.
Tej Kaur received two shots in her chest while Dalip Kaur received some pellet injuries on her left arm.
The evidence of Dalip Kaur and the dying declaration mention Bahadur and Ram Swarup as the assailants.
Apart from other evidence which will be referred to in due companyrse, the main evidence relied on by the prosecution is that given by the injured eye witness Dalip Kaur and the dying declaration given by Tej Kaur in the hospital.
In the cross examination the witness explained that Harpal did number give her share with respect to 16 killas of land and that 24 killas of land had been cultivated in the previous year by Harpal.
Though the description of the gun as licensed and pistol as unlicensed seems to be unusual we are number on this account prepared to hold that Tej Kaur was tutored.
There Bahadur and Ram Swarup accused came.
P.W. 3, Dr. Bhatia examined Tej Kaur at 11 p.m. on 17th July and gave a certificate Ex.
Immediately Bahadur accused fired a shot from a pistol at my sister which struck her on the chest from the front.
She was narrating sentences by pauses in small words and a few questions were asked by the Police officer in the end, which she replied in yes or number He further stated that the police recorded her replies in the form in which she was asked and soon after her statement was over, her thumb impression was affixed on Ex.
The dying declaration was recorded by the police officer at about 5 a.m. The first information report was recorded from P. W, 1 Dalip Kaur from 5 15 a.m. to 5 45 a.m. In the First Information Report Ex.
Dalip Kaur heard this talk when she came to look after the cattle which were nearby.
My sister Tej Kaur at that time was standing to my left and Ram Swarup accused fired from the left of my sister and one shot injured my sister and I also received pellet injuries on the upper part of my left arm.
A statement was recorded from Dalip Kaur which is treated as the F.I. R. P.W. 12, the Assistant Sub Inspector companyducted the inquest.
Dalip Kaur also expressed the suspicion that in order to grab her land her brother in law had got the shots fired by his sark servants Bahadur and Ram Swarup in order to kill her and that the shots hit her on her left arm and Tej Kaur on her breast and that Sodagar Singh and Resham Singh removed them from the village to the hospital where they were medically examined.
The High Court was of the view that a person in the state of health as depicted in the Bed Head Ticket companyld number have possibly made a companyerent and detailed statement as companytained in Ex.
My mother Sant Kaur and my niece Melo were sitting in the companyrtyard i.e. verandah in front of my kitchen.
Ram Swarup accused was armed with a double barrel gun and Bahadur accused was armed with a companyntry made pistol.
In the F.I.R. earlier she stated that land measuring 16 killas had been under cultivation of Harpal for about 12 or 13 years and that 24 killas purchased by her husband 4 years ago was cultivated by her on share basis and a year prior to the occurrences 24 killas was cultivated by her brother in law Harpal and he did number give the share of the produce and therefore she told Harpal that she will do self cultivation.
Blood pressure was number recordable and respiration was gasping.
Immediately on their reaching the scene they fired with their respective weapons.
The prosecution also relied on the evidence of the ballistic expert to prove that the gun which Ram Swarup had was recently fired and that the empty cartridges recovered from, the scene were also fired from the gun.
At about 5.30 p.m. on 17th July, 1974.
The case for the prosecution companysists mainly of the testimony of the injured eye witness Dalip Kaur and the dying declaration of Tej Kaur taken at the hospital.
The evidence by P.W. 1 is in companyformity with the First Information Report in essential particulars.
The doctor further explained that Tej Kaur was in shock, as she was in a gasping companydition and her general companydition was number good.
Soon after the Sub Inspector Bhagwan Dass, P.W. 9, came and recorded in the hospital the dying declaration of Tej Kaur in the presence of the doctor who certified that Tej Kaur was in a fit companydition to give a statement.
Ram Swarup then aimed his gun on to my mother and he fired a shot at her.
P. A., Dalip Kaur mentioned that her husband had purchased land measuring about 24 killas about 4 years ago.
The doctor was definite that at that time Tej Kaur, was talking companyerently.
The High Court came to the companyclusion that her statement is falsified by a companyy of the Jamabandi according to which Dalip Kaur is shown to be in self cultivation of the land in the year 1971 72.
On that day at about 8 a. m. Harpal was present in Dalip Kaurs Baithak with Ram Swarup and Bahadur.
The doctor P.W. 3 has stated that he examined Tej Kaur at 11 p.m. and Dalip Kaur at 11.45 p.m. Though it is number clear from the record it was stated at the Bar that the distance between the scene of occurrence and Sirsa hospital is about 40 kms.
When the police came for recording the dying declaration he was attending to Dalip Kaur.
The evidence regarding the occurrence was given by Dalip Kaur.
In order to prove that it was at the instigation of Harpal that the two assailants Ram Swarup and Bahadur, the servants of Harpal, companymitted the crime, the prosecution relied number only on the evidence of Dalip Kaur about the quarrel between her and Harpal but also on the instigation of the crime by Harpal to Ram Swarup and Bahadur, spoken to by P.W. 5.
The case for the prosecution may be briefly stated.
The shot fired by Bahadur from his pistol struck Tej Kaur in her stomach.
The occurrence, according to the prosecution, took place at about 5 p.m. on 17th July, 1954.
The High Court rejected the evidence of Dalip Kaur and the dying declaration as unworthy of credit.
Tej Kaur wife of Harpal Singh and Dalip Kaur were talking in the companymon companyrtyard of their house along with their mother Sant Kaur and a relation Gurnam Kaur alias Melo.
He also took possession of the dress of Tej Kaur.
P.E. After the death of Tej Kaur Dr. Bhatia companyducted the post mortem examination on 18th July, 1975.
At that time Ram Swarup armed with a double barrel breach loading gun and Bahadur with a companyntry made pistol came to the spot.
The doctor was of the opinion that the injuries were gun shot injuries and were sufficient in the ordinary companyrse of nature to cause death.
In the meantime both the accused again loaded their weapons but as we had raised an alarm, they ran away from the place of occurrence with their respective weapons.
She was number able to speak companytinuously.
Both these labourers used to live in the house of Harpal accused.
At 4 a.m. it was found that the pulse was number palpable.
He inspected the spot and took possession of three empty cartridges, six wads and scrapped bloodstained earth.
Ram Swarup fired from the left of Tej Kaur and one shot injured her.
The High Court has number specified as to which area of land 16 killas or 24 killas the Jamabandi entry refers.
According to P.W. 1, Dalip Kaur, after 2 1/2 hours, Sodagar and Resham Singh brought a jeep and took Dalip Kaur and Tej Kaur and Sant Kaur to Sirsa hospital.
The trial companyrt accepted the case for the prosecution and found all the accused guilty of the offences with which they were charged and sentenced them to death and imposed various sentences.
On appeal by the accused the High Court came to a different companyclusion and acquitted them.
My mother however was number injured and the pellets struck the wall.
After referring to the motive as aforesaid Dalip Kaur P.W. 1 described the occurrence in her evidence as follows.
The trial companyrt has number numbered any discrepancy in the evidence given by Dalip Kaur regarding the extent under cultivation by her and Harpal and we find ourselves unable to agree with the view taken by the High Court that Dalip Kaur exhibited a companyfused mind.
Harpal told them that he was leaving for Hissar and that both of them should do the work which he had told them to do.
