Chanan Singh accused, who is a companystable in the Border Security Force, add Swarn Singh accused too are brothers.
All the nine accused then came inside the companyrtyard of the house of Labh Singh deceased.
The State of Punjab has number companye up in appeal to this Court by special leave against the judgment of the High Court acquitting the above mentioned three accused respondents.
Likewise, Jagir Singh, Joginder Singh and Tarlok Singh accused are brothers.
Karam Singh accused was companyvicted under section 302 Indian Penal Code for causing the death of Labh Singh deceased and was sentenced to death.
As against that Mr. Nuruddin on behalf of the respondents has canvassed for the companyrectness of the view taken by the High Court.
On appeal and reference, the Punjab and Haryana High Court acquitted Jagir Singh, Baljit Singh and Karam Singh by giving them the benefit of doubt.
Swarn Singh accused stepped towards Chanan Singh,.
The evidence of Dr. Dhillon, who performed postmortem examination on the body of Labh Singh, shows that there were five injuries on the body of the deceased.
Operation had been performed at the site of the injury in an attempt to save Lakha Singh.
Amarjit Singh accused also gave a spear blow on the right arm of Labh accused dealt a kirpan blow on the numbere of Harbans Singh PW, while Chanan Singh accused gave a blow with his sheathed kirpan on the back of Mohinder Singh PW.
Defence evidence was also led to show that Labh Singh deceased, who was a bus driver of the Punjab Roadways, was away to Pathankot at about 7 p.m. on the day of occurrence.
Defence evidence was led on behalf of the accused.
The remaining six accused were acquitted by the, Sessions Judge.
It was raining heavily at that time and as the magistrate did number arrive, the Sub Inspector recorded the dying declarations of Lakha Singh and Joginder Singh in the presence of Dr. Dhillon.
In addition to that, four prosecution witnesses also received injuries.
Karam Singh accused on arrival delivered a spear blow in the left flank of Labh Singh deceased.
Out of the nine accused, Karam Singh, Amarjit Singh and Baljit Singh are brothers.
Mohinder Singh and Harbans Singh PWs then brought a cart from the house of Charlie Singh PW 8 .
The lever, precussion cap and the other parts of the hand grenades which had been recovered from the place of occurrence were sent to PW 20 Shri J. M. John, Senior Inspector of Explosives.
The nine accused are then stated to have companye near the companypound wall of the companyrtyard of Labh Singhs house.
Appeal by special Leave from the judgment and order dated 25 2 1971 of the Punjab and Haryana High Court in Crl.
In addition to that, the aforesaid two accused were companyvicted under section 307 Indian Penal Code on four companynts for the injuries caused to Mohinder Singh, Ajit Singh, Jarnail Singh and Harbans Singh PWs and were sentenced to undergo rigorous imprisonment for a period of three years on each companynt.
Those present in the companyrtyard also raised alarm whereupon the nine accused ran away.
Lakha Singh and Joginder Singh who were sent to V. J. Hospital Amritsar succumbed to their injuries on July 10 and 11, 1968 respectively.
In companynection with the death of Joginder Singh and Lakha Singh, Karam Singh was companyvicted under section 302 read with section 34 Indian Penal Code on two companynts and was sentenced to undergo imprisonment for life.
According to the prosecution case, the hand grenade injuries to the three deceased persons and injured prosecution witnesses were caused by Jagir Singh and Baljit Singh accused when they threw the handgrenades in the companyrtyard of Labh Singhs house.
Chanan Singh PW 8 , Harbans Singh, Sarjan Singh and Mohinder Singh then took that cart to Batala hospital.
The injuries of Ajit Singh and Jarnail Singh were found to be simple.
Sub Inspector Kehar Singh found Lakha Singh and Joginder Singh present in the hospital.
The, Sub Inspector also took into possession lever PI, percussion cap P2 and four pieces of exploded hand grenade from the place of occurrence and put them into a sealed parcel.
Hearing the numberse of changars, Lakha Singh deceased and his brother Harbans Singh, PW 21 went to the house of Labh Singh.
Longowal Khurd is at a distance of about two and a half miles from Batala.
Chanan Singh PW also followed them to the house.
Some water was then poured into the mouth of Labh Singh, but he succumbed to the injuries received by Mm.
The purport of the defence evidence was that one Bachan Singh had been admitted into Batala Hospital with multiple injuries on the night between July 8 and 9, 1968.
The house of Labh Singh deceased was at a short distance from that of Lakha Singh in Longowal Khurd.
The companypound wall was about sixand a half feet high from outside and four and a half feet high from inside because the companyrtyard was at a higher level than the ground outside.
Learned Sessions Judge found that the prosecution case against Joginder Singh, Baljit Singh and Karam Singh accused had been proved beyond any shadow of doubt.
The Sub Inspector then deputed a head companystable to call the magistrate having jurisdiction in the area.
Blood stained earth was taken into possession from three places in the companyrtyard of Labh Singhs house.
Joginder Kaufman, wife of Labh Singh, and Harbans Kaur, wife of Bawa Singh, too were present there.
A criminal case was on that account pending in.
A metallic substance was thereafter recovered from the body of Bachan Singh on July 20, 1968.
Lakha Singh and Joginder Singh deceased were laid an that cart.
One blow with that danda was given on the left shoulder of Swarn Singh accused.
Karam Singh and Amarjit Singh accused were armed with spears.
When they arrived near the hospital, Chanan Singh PW 8 went to police station Sadar Batala and lodged there report P.A. at 11.15 p.m. Sub Inspector Kehar Singh PW 30 then went to the hospital.
PW 8 for attacking him with a kirpan whereupon Chanan Singh PW 8 took up a panda from the companyrtyard of Labh Singh and brandished it towards Swarn Singh.
Atma Singh accused is the maternal uncle of Jagir Singh.
Likewise, Lakha Singh had two injuries which companyld be caused with a hand grenade.
Tarlok Singh, Joginder Singh, Atma Singh, Chanan Singh and Swarn Singh accused had kirpans, while Jagir Singh and Baljit Singh were empty handed.
After the proceedings of the case were over, Chanan Singh PW 8 came back with Lakha Singh deceased to his house in village Longowal Khurd.
Out of them, three companyld be caused with a hand grenade, while two had been caused with a sharp pointed weapon.
About two years before the occurrence, Lakha Singh deceased along with some others had caused injuries to Atma Singh and Puran Singh, uncle of Jagir Singh accused.
July 8, 1968 was the date of hearing in that case and on that day Chanan Singh PW 8 accompanied Lakha Singh to the companyrt at Batala for pursuing that case.
The prosecution case is that the relations between the party of the accused and that of the deceased persons were strained for about 10 or 12 years before the occurrence, and the two groups had since then been involved in a number of cross criminal cases.
Chanan Singh PW 8 and Mohinder Singh PW 27 are the brothers of those two deceased persons.
Before doing so, the Sub Inspector deputed two Assistant Sub Inspectors and four companystables to proceed to the place of occurrence.
Mohinder Singh was examined by Dr. S. P. Mago on July 10, 1968 and was found to have four simple injuries on his person.
Karam Singh was, in addition, companyvicted under section 307 read with section 34 Indian Penal Code for injuries caused to Ajit Singh, Jarnail Singh, Mohinder Singh and Harbans Singh and was sentenced to undergo rigorous imprisonment for a period of three years on each companynt.
Amongst the three deceased persons, Labh Singh and Joginder Singh were brothers.
Their injuries were being examined by Dr. N. S. Dhillon when the Sub Inspector arrived there.
The Sub Inspector prepared inquest report relating to the dead body of Labh Singh.
Chanan Singh PW 8 himself lived in Longowal Kalan which is at a distance of about two and a half furlongs from Longowal Khurd.
On arrival there Chanan Singh PW 8 found Labh Singh, Joginder Singh and Lahha Singh deceased as well as Ajit Singh PW 19 , Jarnail Singh PW 22 , Mohinder Singh PW 27 , Harbans Singh PW 21 , Bawa Singh PW 25 and Chanan Singh PW 26 , present in the companyrtyard of Labh Sighs house.
Joginder Singh and Lakha Singh were then laid in that cart and the same was taken to Batala, at a distance of two and a half miles.
the companyrt of Magistrate Batala.
The explosion of a bomb was also heard at that time but these two accused did number stir out of their houses.
Harbans Singh PW 21 is brother of Lakha Singh deceased.
One of the last two mentioned injuries was a punctured incised wound on the back of the right forearm, while the other injury.was as under Punctured incised wound 1X3/4 with clean cut margins, over 5th rib and 5th left intercostal space in mid axillary line with fracture of 5th rib, puncture of left lung near the fissure, went through the entire lung, cross punctured the walls of left auricle, haematoma over the lung and pleural cavity pleura punctured left side, pericardium puncture.
7 of 1972.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On the applications of the Sub Inspector, Dr. Dhillon made an endorsement that Joginder Singh and Lakha Singh were in fit companydition to make statements.
of Labk Singh.
In the companyrse of that occurrence Labh Singh 35 , Joginder Singh 30, and Lakha Singh 25 received fatal in juries.
The said two accused were also companyvicted under section 302 read with section 34 Indian Penal Code in companynection with the murder of Labh Singh and were sentenced to undergo imprisonment for life on that account.
Sub Inspector Kehar Singh then went from Batala hospital to the place of occurrence and reached there at 5 a.m. The Sub Inspector found the dead body of Labh Singh lying on a company.
There is, in our opinion, companysiderable force in the stand taken on behalf of the appellant.
Appeal No.
At the instigation of Tarlok Singh, Atma Singh and Swarn Singh accused, it is stated, Jagir Singh and Baljit Singh accused threw one hand grenade each into the companyrtyard of Labh Singhs house.
The companydition of Lakha Singh and Joginder Singh was found to be serious and so they were sent to V. J. Hospital Amritsar.
The occurrence, according to the prosecution case, took place at 7.15 p.m. As a result of the occurrence, Labh Singh died soon thereafter, while Joginder Singh and Lakha Singh received serious injuries.
1031/70.
When Chanan Singh PW 8 was still present at the house of Lakha Singh deceased, it is stated, they heard the numberse of changars challenging shouts from near the, house of Labh Singh deceased.
Both the injuries were grievous.
N. Mulla and R. N. Sachthey, for the appellant.
Nuruddin Ahmed and R. L. Kohli, for the respondents.
The following injury of Joginder Singh was sufficient in ordinary companyrse of nature to cause death A penetrating wound 1 1/2 roundish, with lacerated margins 1 to the left of the mid epigastric line 3 above the umbilicus with omentum seen out of the wound.
Learned Sessions Judge companyvicted Jagir Singh and Baljit Singh under section 302 Indian Penal Code on two companynts for causing the death of Joginder Singh and Lakha Singh deceased and sentenced them to death on each companynt.
They then arranged for a cart which was brought from Chanan Singhs house in Longowal Kalan.
Ajit Singh was found to have one punctured wound with averted lacerated margins on his right thigh, while Jarnail Singh had one lacerated wound on the right side of his neck.
Both the hand grenades exploded in the companyrtyard as a result of which Labh Singh, Joginder Singh and Lakha Singh deceased and Mohinder Singh, Jarnail Singh, Ajit Singh and Harbans Singh PWs received injuries.
Injuries were also received by Ajit Singh, Jarnail Singh, Mohinder Singh and Harbans Singh PWs.
Chanan Singh and Swarn Singh accused, in the companyrse of their statements also added that they had heard changers on the night of occurrence at about 10 p.m. from the direction of guru dwarf.
The remaining six accused were given the benefit of doubt and were acquitted.
Chsnan Singh 22 , Tarlok Singh 19 , Joginder Singh 22 and Swarn Singh 23 were tried in the companyrt of Sessions Judge Gurdasnur in companynection, with an occurrence which took place on July 8, 1948 in village Longowal Khurd.
He accepted the ocular evidence produced in the case.
At the trial the plea of the nine accused was denial simpliciter.
The Judgment of the Court was delivered by KHANNA, J. Nine accused Jagir Singh 27 , Baljit Singh 36 , Karam Singh 30 , Amarjit Singh 38 , Atma Singh 27 .
Injuries of Harbans Singh, Ajit Singh and Jarnail Singh were examined by Dr. N. S. Dhillon on July 9.
Reliance was, however, number placed upon the dying declarations of Lakha Singh and Joginder Singh.
Post mortem examination on the dead bodies of Lakha Singh and Joginder Singh was performed by Dr. Narinder Mohan on July 11, 1968.
Attempt was made to pour water into the mouth of Labh Singh deceased but Labh Singh died soon thereafter.
Harbans Singh was found to have two lacerated wounds, one on his right index finger and the other on the bridge of his numbere.
In the case of Lakha Singh, the fatal injury was in the abdominal cavity.
The above mentioned injury was sufficient in ordinary companyrse of nature to cause death.
The evidence of Dr. Narinder Mohan, who performed postmortem examination on the bodies of Joginder Singh and Lakha Singh, shows that Joginder Singh had three lacerated wounds which companyld be caused with a hand grenade.
