From Malout hospital the injured was taken to Bhatinda hospital.
The trial Judge acquitted them.
Jogindro, daughter of Khazan Singh and PW 5 Piara Singh, who is also a relation of Khazan Singh.
Eventually, Gurmit Singh was elected.
On receiving that blow he fell down.
PW 8, Sub inspector Bakshish Singh recorded his statement at the Bhatinda hospital at 5.40 p.m. on March 1, 1969.
From the companystituency of the appellants and the deceased there were three companytesting candidates in the field, namely Pritam Singh, Joginder Singh and Gurmit Singh.
Appellant Surat Singh then gave two takwa hatchet blows on the left arm of Khazan Singh, causing simple injuries.
Palo, wife of Khazan Singh, PW 4 Smt.
On February 28, 1969 at about 8.00 p.m. Shingara Singh, Chain Singh and Surat Singh are said to have gone in front of the house of Khazan Singh in village Dhalwali Dhab.
On appeal, the High Court giving benefit of doubt to Shingara singh maintained his acquittal but companyvicted and sentenced to two appellants,.as stated above.
Dr. Bans sic attended on him.
The trial Court doubted the authenticity and the companyrectness of the dying declaration, did number place reliance on the evidence of eye witnesses and acquitted the accused.
Shingara Singh, father of appellant Chain Singh, was helping Pritam Singh in the election while Khazan Singh, the deceased, who was killed in the occurrence, was on the side of Joginder Singh.
Thereafter my wife and my daughters, etc.
Shingara Singh raised a lalkara and instigated Chain Singh to kill Khazan Singh.
placed me on a company and then they took me to Malout in a cart.
Thereupon, Chain Singh is said to have given a spear blow on the left side of the chest of Khazan Singh.
He reached there round about the midnight.
The High Court has rested the companyviction of the two appellants chiefly on the dying declaration, Exhibit P 2 and the evidence of the three eye witnesses PW 3 Smt.
The first two were companytesting the election as independent candidates and Gurmit Singh was an Akali candidate.
The formal first information report was drawn up on the basis of this statement which has also been treated as a second dying declaration.
All the three were put up on trial for causing the murder of Khazan Singh.
Note a.m. is a mistake for p.m. and Charan Singh is Chain Singh, as admitted by all.
If that be so, companynsel submitted that numberreliance companyld be placed on the first dying declaration, Exh.
Surat son of Asia Singh gave a takwa blow on my arm while I was lying fallen.
But according to the prosecution case, the family of Shingara Singh companytinued to bear a grudge against Khazan Singh.
This statement is Exh.
And the points urged by Mr. Kohli in support of the appeal, do number necessitate mentioning of all the facts in any detail.
He, however, was careful enough to record his statement at 12.40 a.m. on March 1, 1969 before examining his injuries in detail.
The facts of the case are in a narrow companypass.
In the month of February, 1969 there was an election held for electing members to the Punjab Legislative Assembly.
This dying declaration is a very short one and reads as follows On Friday, about 7 or 8 a.m. I, Khazan Singh son of Ghula Singh, Harijan by caste, resident of village Dhalwali Dhab, came out of my house when Charan Singh son of Shingara Singh was hurling abuses while standing in front of my door Chain Singh gave a barchha blow in my abdomen and I fell down.
The statement recorded by him has been proved as Exhibit P 2 as the first dying declaration of Khazan Singh.
P. 16 He said this companyld never be the version of Khazan Singh.
