The prosecution dare number risk it.
He recorded the statements of Hakam Singh P.W. 4 at that time.
The exercise in the instant appeal is to examine whether the High Court was justified in interfering in the acquittal of the appellant.
The deceased had four brothers.
It fell to the lot of Dr. Sandhu again to perform the autopsy of the deceased.
Dr. Sandhu claimed to have ordered giving pethedin injection to the injured by way of sedation on the arrival of the injured in the Hospi tal, and another injection on 21 12 74 at 4.00 p.m. That was the reason that on the earlier day, i.e. on 20 12 1974, When his opinion was sought about the ability of the injured to make a statement, he had opined that he was unfit to make a statement due to sedation.
The second dying declaration is claimed to have been recorded by S.I. Vasdev, P.W.15 of Police Station Ghall Khurd.
It is due to the second dying declaration recorded by SI Vasdev P.W.15, that the names of these two i.e., Harbans Singh and Hakam singh came in the forefront, and on accomplishing such a fiat, the F.I.R. seems to have been written thereafter and the report des patched on 21 12 1974 at 8.00 p.m. to the Magistrate after wards.
The prosecution case is that Chamkaur Singh, since deceased, and the appellant herein belonged to village Ghall Khurd.
Accused Rajinder Singh came from the front side.
On his arrival, Dr. S.I.S. Sandhu, Surgical Spe cialist, Civil Hospital, Ferozepur sent message Ex.
Chamkaur Singh remained in the hospital for about 13 days till January 2, 1975 when he died.
The deceased suspected that the appellant has administered poison to Thana Singh in liquor.
One was said to have been made on December 20,1974 to Shamsher Singh, P.W.14 who then posted as Judicial Magistrate, First Class, Ferozepur.
The appellant at the juncture took out his pistol from underneath the blanket, with which he had wrapped himself, and fired a shot hitting the left flank of Chamkaur Singh.
Harbans Singh W.3 was standing in front of the house of one Jagtar Singh for taking a plough and he beckoned the deceased to companye to him.
The accused took out his pistol and fired towards me.
It is only on April 12, 1978, about 40 months later, that he was arrested at a check post in another part of district Feroze pur and at that time he was holding a pistol.
besides in the second dying declaration the brother of the appellant, by the name of Kewal singh, had been introduced as a companyculprit.
Jagat Singh,Jagtar Singh, Darbara Singh and many other people had companye there.
Another significant factor emerging from the first dying declaration is that the names of the two eye witnesses Harbans singh P.W3 and Hakam Singh P.W.4 do number find mentioned as persons who had seen the occurrence.
After that I started rais ing raula.
Harbans Singh W.3 and Darbara Singh raised alarm saying do number kill do number kill but the appellant escaped from the place of occurrence with his pistol.
On December 20, 1974, just before sunset, the deceased came from the side of the bus stand to his village.
P.B. at 6.00 p.m. to the S.H.O. police Station Ferozepur city, intimating the arrival of the injured.
As he says, on 20 12 1974 at 6.15 p.m. he recorded the First Information report at the instance of Harbans Singh P.W.3.
Two others, Mohinder Singh and Gura Singh, took Chamkaur Singh to the Civil Hospital Ferozepur while Harbans Singh to P.W.3 went to the Police Station Ghall Khurd, in the same village, and lodged the First Information Report.
The Hospital and the Police Station are opposite each other.
He claimed to have prepared his own proceedings in the form of a memorandum Ex.
he was having a blanket around.
One of them, namely, Thana Singh, had died 20 days before the occurrence on account of taking liquor.
C. was sent likewise at 6.20 p.m. suggesting recording of dying declaration of Chamkaur Singh since his companydition was serious.
Then on the next day on 21.12.1974, again opinion was sought by the Police to that effect at 11.00 a.m. and then the doctor declared Chamkaur Singh fit to make a statement.
Accord ing to P.W.14 there was numbernecessity for it because he was himself satisfied that Chamkaur Singh was fit to make a statement all through.
Hakam Singh, P.W.4 had also arrived at the spot from the side of his fields and saw the occurrence.
In the opinion of Dr. Sandhu the death of Chamkaur Singh was due to toxemia and shock as a result of peritonitis as a companysequence of fire arm injury in which the small gut was injured.
This apparently was an attempt to try the appellant in absentia, but the effort failed.
It is worthy of numberice at this stage that it was Vasdev S.I. attached to Police Station Ghall Khurd who responded to the need of recording a dying declaration and number the police of Police Station Ferozepur City.
I companyld number proceed further.
This one was with the aid of Dr. Sandhu, but this brought in the names of the two eye witnesses to figure at a time when everything was manageable from the official point of view in reporting the matter to the Magistrate.
Even after recording it Dr. Sandhu was number asked to certify the recording of it.
From the judgment and Order dated 11.3.1981 of the Punjab and Haryana High Court in Criminal Appeal No.
Rajinder singh fled away with the pistol from the spot.
He was numbermore a Magistrate when his statement was recorded at the trial.
It is yet to be seen whether Harbans Singh and hakam singh, P.W.s can be said to be reliable witnesses whose presence at the spot companyld be taken as established.
It also introduced in evidence two dying declarations of the deceased.
I told him that some one had misled him.
As said before, Chamkaur Singh had been taken to the Civil Hospital, Ferozepur the same day, i.e., December 20,1974.
It is also worthy to numbere that Chamkaur Singh himself was a companystable serving in the office of S.P. Ferozepur City.
As a first step, the theory of the first dying declaration was introduced without taking somebody independent, like Dr. Sandhu, into companyfidence.
On arrival at the hospital Dr. S.I.S. Sandhu P.W.2 attended to him.
Where Kewal Singh brother, was waiting for him.
O. The dying declaration recorded by P.W.15 reads like thus I am a companystable in the police, on 20 12 1974 I came on leave to Ghall Khurd.
As I companyld number know earlier.
After receiving the shot Chamkaur Singh rushed inside the house of Harbans Singh Sansi and hid himself by chaining the door from inside.
The prosecution further alleges that the appellant companyld number be arrested and was declared an absconder.
Jagtar Singh son of Joginder Singh, Harbans Singh son of Sawan Singh Jats, Hakam singh son of Isher Singh had seen the occurrence.
Memorandum Ex.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Thus it appears to us that the presence of these two witnesses Harbans Singh and Hakam Singh at the scene of occurrence is number free from doubt.
The opinion being negative, he ventured again on the next day at 11.00 a.m. This time the doctors opinion was positive and then he recorded the dying declaration Ex.
The investigation was in doubt as who was the culprit.
He was acquitted by the learned Sessions Judge on February 9.
He also stated that he had resigned from the post of Judicial Magistrate, First Class, Ferozepur.
I bolted the door from inside.
He ran towards Kikar trees.
At the moment, the appellant is stated to have companye from the side of the lane and made Chamkaur Singh deceased stop, accusing him that he had talked ill to him to some shopkeeper but Chamkaur Singh denied having done so.
The other one was of December 21,1975 recorded by S.I. Vasdev W.15.Besides, the absocondence of the accused was pressed into service.
At 10.30 p.m. vide application Ex.
The investigation later introduced the story of another dying declaration.
Material witnesses like Darbara Singh, Jagat singh and Jagtar singh, as well as Guna Singh and Mohinder Sigh, who were claimed to have seen the occurrence and removed the injured to the hospital in their jeep, were number examined by the prosecution.
Another message Ex.
He was also companyvicted under section 27 of the Arms Act and sentenced to undergo rigorous imprisonment for one year.
The first dying declaration of the deceased, as said before, was recorded by Shamasher Singh P.W.14.According to Shamsher Singh P.W.14 he received a police application on the basis of which he went to the Hospital in order or record the dying declaration of the deceased at 6.45 p.m. Having reached there he obtained the opinion of Dr. Sandhu regarding fitness of Chamkaur Singh to be fit to make a statement.
On Diwali night my brother Balam Singh and Rajinder Singh gambled.
This dying declaration is to the following effect My brother Thana Singh had died earlier.
PD S.I. Vasdev asked the opinion of Dr. Sandhu whether Chamkaur Singh was fit to make statement, but the doctor opined that the in jured was number fit to make a statement.
W.14 further stated that the dying declaration was sent by him to the Area Magistrate but companyrected himself that Police Station Ghall Khurd fell within his jurisdiction and stood shifted to another Magistrate.
It was taken into possession as well as the ammunition found on his person.
P.N. besides his version and narra tion, there is numbersignature of Dr. Sandhu even though his name prominently figures in it.
531 of 1981.
He said that I had talked something about him to some shopkeeper.
There was in the interval plenty of time to withhold the despath of F.I.R. till the story companyld be woven, company cerning as it was, to a fellow policeman.
N. Mulla, T.L. Garg and N.D. Garg for the Appellant.
P.N.2 P.W.14 claims that it was recorded on the dictation of the injured, which was read out to him after recording and to which injured put his signatures.
1044 of 1979.
I had got that amount returned from Rajinder Singh .
There upon Chamkaur Singh moved forward towards his house accompa nied by one Darbara Singh.
He while giving his evidence described himself as a practising advocate at Kharar, a tehsil town.
P.D. at 10.30 P.M. enquiring from the doctor about the fitness of Chamkaur Singh to make a statement.
The shot fired by accused hit me on my left flank and I got injured.
Ranbir Singh Yadav and R.S. Suri N.P. for the Respondent.
The memoran dum Ex.
Though it is the admitted case of the prosecution that Police Station city stood informed of the arrival of the injured at the Hospital, and that ASI Rajind er Kumar of City Police Station had companye there with companysta ble Ashok kumar to be given the bag of clothes of the in jured on 20 12 1974,it indicates that even though the Fer ozepur police was there in attendance, it was number prepared to carry the burden of getting recorded a dying declaration.
Other were so named.
On State appeal to the High Court the acquittal was set aside and the appellant was companyvicted under section 302 IPC and was sen tenced to life imprisonment as also to pay a fine of Rs.2000 or in default further rigorous imprisonment for one year.
Out of fear I entered the house of Har bans Singh Sansi.
The judgment of the Court was delivered by PUNCHHI, J. This appeal under section 379 of the Criminal Procedure Code is directed against the judgement and order dated March 11, 1981 of the Punjab and Haryana High Court at Chandigarh in Criminal Appeal No.1044 of 1979.
He then went to Civil Hospital , Ferozepur reaching there at 9.30P.M. He then made application Ex.
After recording it he went to the spot and recovered therefrom an empty cartridge.
The cause of enmity is that on 21 12 1974 my borther Thana singh died by taking liquor.
I later on came to know that Rajinder Singh had poisoned him in liquor due to which the death occurred.
The appellant herein, Rajinder Singh, was charged under section 302 IPC and under section 27 of the Arms Act for causing the murder of Chamkaur Singh and for making use of a pistol for an unlawful purpose, before the Sessions Judge, Ferozepur.
Rajinder Singh won some money.
When the case we sent up for trial after companypletion of investigation, the prosecution supported its case by production of two eye witnesses, Harbans Singh P.W.3 and Hakam Singh P.W.4 to give the occular version.
The presence of Harbans singh P.W.3 and Hakam singh P.W.4, as said before, had number been mentioned specifically in the first dying declaration.
Noticeably numberdocument was prepared by P.W.14 in that regard.
Dr. Sandhu may have totally denied his involvement in the recording of the first dying declaration.
In his memorandum Ex.
They had both companynived to kill me.
They both ran away.
The fine, if realised, was ordered to be paid to the heirs of Chamkaur Singh deceased.
The learned Sessions Judge however placed numberreliance on either the ocular version or the dying declara tion and acquitted the appellant, but he was reversed by the High Court.
While I was injured state, Gurnam Singh son of Hari Singh and Mohinder Singh son of Arjan Singh of Ghall Khurd took me in a jeep and got me admitted in the hospital.
P.N. and numbered therein that Dr. Sandhu had certified Chamkaur Singh to be fit to make a statement and that on his pointing out Chamkaur Singh he had recorded the dying declaration of the deceased.
He said that I had talked to a shop keeper about him.
In the second dying declaration, the names of those two witnesses got introduced.
I replied in the negative.
I came by bus, Darbara Singh was with me.
P.N. was number put to Dr. Sandhu or he even apprised to know its companytents.
He and I came in front of the house of Harbans Singh .
P.N. itself companytains the dying declaration of Cham kaur Singh which is pointed as Ex.
