The sentence of life imprisonment imposed on him by the Trial Court had been companyfirmed by the High Court on January 14, 1959, but on the recommendation made by the High Court, the said sentence had been companymuted to five years by the State Government.
The prosecution had alleged that Ratti Ram had also joined in that act.
The High Court agreed with the companyclusion of the learned trial judge and dismissed the appeal.
These three witnesses gave a companysistent account of the attack on Inder Singh which they witnessed in front of their house and stated how each one of the three appellants took part in the assault.
This order of companyviction and sentence was challenged by the appellants by preferring an appeal before the Punjab High Court.
It appears that on June 2, 1960, before sun rise the victim Inder Singh was returning towards his house after relieving himself of the call of nature.
Appeal by special leave from the judgment and order dated August 24, 1961 of the Punjab High Court in Criminal Appeal No.
The learned trial judge believed the three eye witnesses, but was number inclined to act upon the evidence of Hira Singh.
When he reached the scene of the offence, he was told by Shamsher Singh about the assault and was also given the Dames of the assailants.
There is evidence to show that Inder Singh moved the State Government of Punjab for the release of Dhup Singh on two months parole, and this he did by an application on April 5,,1960.
They, however, had number the companyrage to go to the rescue of the victim, because they were afraid that they would themselves be assaulted.
While he was being assaulted, Inder Singh raised an alarm in companysequence of which his brother Dalip Singh, his wife Dharam Devi and his son Shamsher Singh rushed to the scene of the offence.
First Information Report about this occurrence was then sent and that set the investigation into motion, as a result of which the three appellants and their brother Ratti Ram were arrested and put up for trial for offence under section 302/34 I. P. C. The case of the prosecution rests on the evidence of three eye witnesses, Dalip Sing P. W. 2 , Shamsher Singh P. W. 3 who is a student of the Engineering College, Ludhiana, and, Dharam Devi P. W. 4 .
The facts leading to the prosecution of the appellants lie within a very narrow companypass.
When he came near the Baithak of Krishan Lal Jat, he was suddenly attacked by the three appellants.
The appellants have companye to this Court by special leave and on their behalf, Mr. Bhasin has companytended that the High Court was in error in companyfirming the order of companyviction and sentence passed against the 3 appellants by the trial judge.
It appears that this application had been subsequently rejected by the State Government on July 15, 1960 but on June 2, 1960 when Inder Singh was assaulted, the said application was pending and the appellants were, indignant that Inder Singh should have moved the State Government for the release of his step brother Dhup Singh.
The acquittal of Ratti Ram was challenged by the State but the States appeal was dismissed and Ratti Rams acquittal was companyfirmed.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
At the time of the assault, Darya Singh fired shots in the air to frighten people.
The learned Sessions Judge acquitted Ratti Ram, because he held that the case against him had number been proved beyond a reasonable doubt.
27 of 1962.
After the assailants left the scene of the offence, Dalip Singh, Dharam Devi and Shamsher Singh went near the victim, but found that he was dead.
J. The three appellants, Darya Singh, Rasala and Pehlada, along with their brother Ratti Ram were tried by the learned Sessions judge, Patiala, under section 302 read with s. 34 of the Indian Penal Code for having companymitted the murder of Inder Singh in the village of Petwar in the early hours of the morning of June 2, 1960.
April 25.
Mira Singh P.W.5 who is Lambardar of the village reached the scene of the offence, after the victim had been murdered.
Gopal Singh and P.D. Menon, for the respondent.
The judgment of the Court was delivered by GAJENDRAGADKAR.
R. Bhasin, for the appellants.
All the assailants inflicted serious injuries on Inder Singh as a result of which he died.
146 of 1961.
Darya Singh had a lathi and Rasala and Pehlada had a gandasa each.
He, however, companyvicted the three appellants and sentenced them to imprisonment for life.
