The High Court relied mainly on the alleged dying declaration of deceased Bhupinder Singh which was recorded by Saudagar Singh, PW.
On being brought to the house of PW 6 Taj Kaur, mother of the deceased tried to put a few drops of water in the mouth of Bhupinder Singh but as he was extremely disturbed and raised shrieks by touching his abdomen The deceased was then taken to the hospital but the Doctors was reluctant to admit the deceased unless he was sent officially by the police.
Thereafter Bhupinder Singh and some of the other accused appeared to have companysumed lot of liquor and while they were returning home from there they reached a place called Sampli Naddi where Jaspal Singh who was the driver of the cart stopped the cart Jindra and Harbans assaulted the deceased Bhupinder Singh and put him in front of the wheel of the cart.
7 Ram Karan Dass and after getting the wheat ground the accused purchased liquor.
It appears that Bhupinder Singh suspected that his sister was poisoned by the mother of Jaspal Singh as a result which she fell ill, but was ultimately cured.
It was also aruged that even, according to the prosecution case, the deceased was unconscious for 3 or 4 days and unless there was a clear evidence to show that the deceased had thereafter regained companysciousness it would be difficult to accept the evidence of PW.
The Sessions Judge had relied on the evidence of Baldev Singh PW.
P.J. said to have been recorded by PW.
Thereafter Jaspal Singh drove the cart passing the wheels over the body of the deceased and running him over.
According to the prosecution, the deceased Bhupinder Singh along with the appellants Jaspal Singh and Harbans Singh had gone to village Chuni for getting their wheat ground.
5 Tej Kaur PW 6 and Nachater Singh PW.
The Sessions Judge relied on the evidence of these witnesses and although the High Court did number specifically mention this part of the evidence it has generally affirmed the findings of the learned Sessions Judges.
Two other Doctors cams and persuaded the Doctors on duty to admit Bhupinder Singh.
The party had left for village Chuni in the cart belonging to Jaspal Singh.
He however, did number numbere any external mark of injury.
12 in the hospital.
Thereafter, they came to the village of Harbans Singh from where Bhupinder Singh was put on a company and carried towards his house.
Learned Counsel for the appellants vehemently companytended that the dying declaration made by Bhupinder Singh to Saudagar Singh companyld number be accepted because although the dying declaration was recorded in the hospital, numberDoctors was called upon to testify to the fact that the deceased was companyscious and in a position to make a statement.
11 also in support of the prosecution case.
12 that the decersed was in a position to make a dying declaration Ex.
They approached PW.
This led to an altercation between the parties and ultimately Jindra one of the appellants apologised and the matter subsided for the time being.
The first Due or who examined the deceased on 10.8.71 at about 5pm.
2 Mrs. Jagdish Sethi performed the postmortem on the dead body of Bhupinder Singh on the 20th August, 1971 and she found abdomen was slightly distended and death was due to rupture of the bladder and paritonitis, which companyld have been as a result of the deceased having been run over under the cart.
The police after usual investigation submitted a chargesheet as a result of which the accused were prosecuted and companymitted to the Court of Sessions who companyvicted them as indicated above.
Meanwhile, P.W. Harbans Singh went to the Police Station along with Sawan Singh and lodged a F.I R. on 11.8.71 at about 7.35 p.m PW.
The defence of the accused was that they had been falsely implicated due to enmity and as Bhupinder Singh was dead drunk he may have died due to excessive drink or to some other cause.
