The prosecution case has been detailed in the Judgment of the High Court and the trial Court and need number be re stated here.
Both the High Court and the trial Court based the companyviction mainly on the dying declaration recorded by P.W. 12.
P.W. 3 was the wife of Kartar Singh, deceased and P.W. 4 was a ten year old son.
Kartar Singh was taken to the hospital and on receipt of a report there from ASI, Nirmal Singh, the Investigating Officer reached the hospital and record ed a statement Ext.
In the companyrse of the irrigation the deceased Kartar Singh is said to have been assaulted by the accused by the front and the blunt sides of the spades with which the earth was being dug.
P/19 at 10 P. M. on 8th March, 1971, which was treated as the F.I.R. as also the dying declaration.
Although P.W. 3, the wife of Kartar Siagh, is alleged to have accompanied the deceased to the hospital, yet she does number appear to have been examined by the Investigating Officer on that day.
The evidence of P.Ws.
3 and 4 were used by the Court below to companyroborate the evidence furnished by the dying declaration.
It appears that on 8th March, 1971, an altercation between the deceased and the accused seems to have taken place over some irrigation dispute, when the accused wanted to irrigate the land out of turn.
The appellants appealed before the High Court which was dismissed and hence these appeals by special leave.
The Investigating Officer reached the spot and after companypleting the usual investigation, submitted a charge sheet as a result of which the appellants were placed on trial and companyvicted and sentenced by the Sessions Judge, as indicated above.
Murtaza Fazal Ali, J. These appeals by special leave are directed against the judgment and order of the Punjab and Haryana High Court affirming the companyviction of Ajmer Singh, Mohar Singh, Jaggar Singh and Baldev Singh under Section 302/34 Indian Penal Code and the sentence of imprisonment for life.
3 and 4.
The central evidence against the appellants companysisted of the dying declaration recorded by the Investigating Officer, ASI Nirmal Singh P.W. 12 which was said to have been companyroborated by the ocular testimony of P.Ws.
