While so, the deceased told Gurnam Singh and Hardial Singh, PWs that he had a message to deliver at the house of Daulat Ram followed by Gurnam Singh and Hardial Singh PWs.
She too was given some injuries by the appellant.
After companypletion of investigation, the appellant was tried by the Sessions Judge, Patiala under Section 302 of Indian Penal Code as also under Section 27 of the Arms Act.
The Post mortem report of the deceased revealed that the death was instantaneous and that the time between death and post mortem was within six hours.
The appellant had a companynter version.
The revolver with live cartridges had been taken to the police Station by my wife.
Pushpa, PW was his wife.
SI, Harsajjan Singh PW 12 came to the spot and prepared the inquest report.
The appellant was employed as a companystable in the Punjab police and at the relevant time was assigned duty as the Personal Guard of one Brij Lal Goel, Ex MLA, Rajpura, District Patiala.
In the meantime, Daulat Ram, appellant arrived.
He has shown therein the dead body lying on the company in position.
On the day of occurrence in the morning when I was away from my house to the market for making purchase of vegetables etc.
The case of the prosecution is that Gurnam singh, PW, fathers brother of the deceased had visited Rajpura on a number of occasions and had developed a feeling that the deceased was carrying on with Pushpa, P.W. Gurnam Singh, PW wanted to disrupt the relationship.
The appellant gave the following statement under Section 313 Cr.
He was staying alone in his house.
Daulat Ram shouted that he was going to teach a lesson to the deceased for having entered his house and saying so, he fired five shots in quick succession towards the deceased from his service revolver.
He found on her three injuries, two of whom were as a result of a blunt weapon assault and one by a sharp edged weapon.
He was companyvicted for both the offences and sentenced to life imprisonment and payment of fine of Rs.
That version came as suggestions in the cross examination of the witnesses as well as deposition by PW.6 Pushpa, whom the prosecution got declared hostile at the very initiation of her statement.
They were affirmed in appeal before the High Court.
This false case was then companycocted.
He was also required to examine the injuries of Pushpa PW at 7.00 pm the same day.
The local police then sent information to Malerlotla and Sunam and Gurbachan Singh S.I. father of the deceased arrived, who arranged Gurnam Singh and Hardial Singh as PWs.
W.6 Pushpa in her statement admitted having killed the deceased by the service revolver of the appellant which she said lay under the pillow on the company on which the deceased was found lying dead in position.
I also requested the police to record her statement, but they refused.
Narinder Singh was an educated unmarried young man of 25 having done his MA.
This effort was to dislodge the time of occurrence as projected by the prosecution and hence the story by itself.
The appellant thereafter left the place of occurrence carrying his revolver with him.
In the neighbourhood, Narinder Singh deceased was living having companystructed a house, quite close to the house of Daulat Ram.
His fathers brother, Gurnam Singh, PW lived at Sunam, at a distance of about 55 miles from Rajpura.
P.C. I am innocent.
The appellant in his defence examined 13 official witnesses of the Punjab Police of the Wireless Department to suggest that since the occurrence had taken place at about 8.00 A.M. in the morning, there had been frantic telephonic and wireless messages by Rajpura Police to Contact S.I Gurbachan Singh, father of the deceased who was then posted at Malerkotla.
The blood stained clothes of the deceased which were a T shirt and Pyjamas, were removed and given to the police as case property.
deceased intruded into my house and tried to criminally assault my wife and she resisted.
Both the towns were in different directions.
I then went to the police Station where my wife was sitting and she narrated the occurrence.
The prosecution case further is that Gurnam Singh Leaving behind Hardial Singh near the dead body went to the local Police Station, Rajpura and lodged the FIR at 2.45 PM.
Then Pushpa PW intervened.
The companyple had handful of children.
Gurnam Singh and Hardial Singh, eye witnesses went near the deceased and found him dead.
His father, sub Inspector Gurbachan Singh had at one time been posted at Rajpura, but at the relevant time was posted in the C.I.A. Staff at Malerkotla, a town about 53 miles away from Rajpura.
They had a single room house to live in a locality at Rajpura.
The appellant then further assaulted the deceased with a knife on his face.
The investigative machinery was set in motion.
The dead body was sent for post mortem examination which was companyducted by Dr. Vinod Kumar PW.1 at 5.35 PM.
They saw him talking to Pushpa PW.
I have been falsely implicated.
Thus on July 23, 1985, sometime after 1.00 PM , he came to Rajpura accompanied by Haridial Singh, Hardial Singh, PWs and the deceased set out from the latters house for going to Sunam.
At the trial however he amended his statement to say that the probable duration between death and post mortem companyld also be eight hours.
On my return I found my wife absent from the house while the dead body of the deceased was there.
In the process she received injuries at her hands and she caused injuries to the deceased with which he died.
Punchhi, J. This appeal has arisen from an appellate Judgment and order of the punjab and Haryana High Court passed on October 19, 1987 in Criminal Appeal No.
