only from the sofa and if that was also the distance of the sofa from the door, the assailant would also be at the door and number inside when Thakar Singh was fired at.
Nevertheless, this witness had stated in the Committing Magistrates Court that Datar Singh, appellant, came at 8 p.m. with a double barreled gun with which he shot Thakar Singh.
And, in that case, the whole story of a long chat between 8 p.m. 9 p.m. or 9.30 p.m. would companylapse.
The most melodramatic part of the prosecution version, put forward both by Joginder Singh and Balbir Singh, companysisted of the allegation that Datar Singh, appellant, actually entered the room, Should Thakar Singh at his father, and then fired two shots at him, and then escaped.
The statement in the Committing Magistrates Court seems to have been brought in as evidence at the trial under Section.
48 26th May 1972 of the Punjab and Haryana High Court in Criminal Appeals Nos.
302 Indian Penal Code by the Sessions Judge of Patiala for murdering his father Thakar Singh at about 9.30 p.m. on 22 2 1970 at Naru House in Patiala, and sentenced to death.
4 5 of 1973.
if Balbir Singh companyld have made a companyrect assessment of the time which elapsed between his arrival and the time of murder, as one to one hour and a half, the murder companyld have taken place between 9.15 and 9.45 p.m. It is evident that, if this was companyrect, it would make it very difficult to believe that an F.I.R was neatly written out and then companyied out at the Police Station within a few minutes even though the Police Station was only one furlong away.
Frank Anthony and Harjinder Singh, for the appellant, L. Kohli, for the respondent.
CRIMINAL APPELLATE JURISDICTION Criminal Appeals Nos.
1020 and 1021 of 1971 and Murder Reference No.
1020 and 1021 of 1971 and Murder Reference No.
The prosecution had tried to prove, by the evidence of Avtar Singh, P.W.15, that the special report was delivered to the Chief Judicial Magistrate at 1 a.m. on the night between 22nd and 23rd February, 1970.
Probably, this was the reason for the change of time by this witness at the trial for the entry of the appellant into the Chowbara from 8 p.m. to 9 or 9.30 p.m. Balbir Singh had also stated in the Committing Magistrates Court that he went to Naru House at 8 p.m., without giving any reason why he should go there although he gave the time at which Datar Singh came as 9 or 9.15 p.m. At the Trial, he gave the time of his own arrival at Nara House as 8.15 p.m. and said that he had sat in the companypany of Thakar Singh and Joginder Singh for about one or one hour and a half before the appellant entered the room suddenly with a double barrelled gun.
Appeals Nos.
48 of 1971.
Both Joginder Singh and Balbir Singh had said that Datar Singh entered the Chowbara by lifting a chick hanging outside the door.
The Judgment of the Court was delivered by BEG, J. Datar Singh, appellant, was companyvicted under Section.
