The occurrence number in question in the instant case took place when Wasson Singh was on bail.
This numbere is to the effect, that Joginder Singh was, in fact, present irrigating his nearby fields and he joined the police investigation on the very day of occurrence and had remained with the police till the investigation by the Deputy Superintendent of Police.
The trial Judge found that the murder of Resham Singh did number appear to have been caused in prosecution of the companymon object of the said unlawful assembly.
Baj Singh added that he used to look after the defence of the accused in Puran Singhs murder case and that on account of this, he had been falsely implicated.
The story narrated by the eye witnesses, Resham Singh and Bachan Singh is that Wasson Singh, Mukhtar Singh and Joginder Singh first fired a volley of rifle shots at Hazara Singh deceased as a result of which he dropped dead at the spot.
He prepared the inquest reports regarding the deaths of Hazara Singh and Resham Singh deceased persons.
After examination, the ballistic expert of the Forensic Science Laboratory, Chandigarh, reported vide Ex.
On account of their antecedents, Resham Singh and Bachan Singh do number appear to be reliable people.
The learned Additional Sessions Judge, Amritsar, who tried the case against these six accused persons, found that Wasson Singh had a strong motive to murder Hazara Singh deceased, because the latter had appeared as an eye witness against Wasson Singh in Ajit Singhs murder case.
The mere fact that P.W. 2 did number make any purchases at Amarkot companyld hardly be a reason to hold that his being in the companypany of Hazara Singh deceased at the material time, was improbable.
P 7 and some live cartridges.
If Joginder Singh accused had been found near the scene of the crime within a short time, engaged in his numbermal activities, his participation in the crime would be highly improbable.
Appeal by Special Leave from the Judgment and Order dated 22 7 1975 of the Punjab Haryana High Court in Criminal Appeal No.
He stated that one Balkar Singh of Village Wan had been murdered.
Both Resham Singh and Bachan Singh, P.Ws.
P.W. 3 is the brother and P.W. 2 a relation of the deceased.
All these injuries were on the skull.
He accepted the evidence of Resham Singh and Bachan Singh.
It is further in evidence that sometime before the occurrence both Hazara Singh and Resham Singh, P.W. 2 were arrested and handcuffed by Darshan Singh, Police Sub Inspector on the allegation that they were indulging in smuggling and would be liquidated.
He Meja Singh used to look after the defence of Jarnail Singh his wifes brother, who was being tried for the murder of Balkar Singh that on account of this, the relation of the said Balkar Singh had, in companynivance with the companyplainant party, falsely implicated him in the instant case.
Even if it was so, there was numberneed of sending the crime cartridges to the Police Station, as the test cartridges companyld be sent for through a separate letter.
He further stated that at the time of occurrence, he was residing in U.P. Meja Singh accused, also, denied the prosecution case.
All the accused, also appealed against their companyviction and sentences.
While running away from the spot Resham Singh P.W. 2 had left behind his shoe Ex.
Thereupon, a sharp altercation took place between Hazara Singh and Resham Singh on one side and Harbhajan Singh and Mukhthar Singh on the other.
Resham Singh and Bachan Singh, however, succeeded in escaping unhurt.
If the presence of Resham Singh P.W. 2 and Dalip Bachan Singh P.W. 3 at the time and place of murders was probable the further question would be, how far their evidence companyld be safely accepted against each of the accused persons ?
On the same day, Dr. Gursharan Kaur companyducted the autopsy on the dead body of Hazara Singh and found four fire arm injuries, two of which were wounds of entry and two were wounds of exit.
Gajjan Singh son of Gopal Singh resident of the village interceded and pacified the parties.
Both were prosecuted for smuggling betel leaves across the border.
At the trial, the main stay of the prosecution was the testimony of the two eye witnesses, Resham Singh P.W.2 and Bachan Singh P.W.3 .
The High Court allowed the appeal, declined the reference and rejected the evidence of the eye witnesses, Resham Singh P.W. 2 and Bachan Singh P.W. 3 , for these reasons Both these witnesses are closely related to the deceased Hazara Singh, who was the principal target of the accused.
Wassan Singh, though companyvicted by the trial companyrt for the murder of Ajit Singh, was released on bail by the High Court pending his appeal.
In this situation, the suggestion that the crime cartridge had been later on fired through rifle Ex.
PE at 4.30 p.m. Police Sub Inspector Bishambar Lal recorded the report of Resham Singh and sent a companyy of the same as a special report to the superior officers, including the Judicial Magistrate, First Class at Patti, who received the companyy of the F.I.R. at 6.30 p.m., on the same day.
Resham Singh deceased son of another Hazara Singh and Hazara Singh deceased were proceeding by the foot path from the Bus Stand Amarkot to their hamlet.
In respect of the murder of Hazara Singh, Wasson Singh was sentenced to death, while each of the other five accused were sentenced to imprisonment for life and a fine.
On arrival at the scene of the incident, P.W. 13 found Joginder Singh accused at a distance of about 100 yards irrigating his field.
Resham Singh P.W.2 , Bachan Singh and Resham Singh deceased started running towards the ploughed fields.
Sub Inspector Bashambar Lal reached the scene of occurrence at 5.30 p.m. and started investigation.
Another odd feature brought out from the evidence of Resham Singh P.W. 2 is the presence of motor cycle at Amarkot on that day.
Joginder Singh accused was arrested on August 24, 1973 and Baj Singh accused on December 18, 1973.
Baj Singh was armed with a pistol and the other five accused were armed with rifles.
Joginder Singh accused admittedly was number present when the quarrel over cattle trespass took place between Hazara Singh deceased and W. 2 on one side, and Mukhtar Singh and Harbhajan Singh accused on the other.
Examined under Section 342, Cr.
These injuries had been caused with firearm and were sufficient to cause death instantaneously, in the ordinary companyrse of nature.
After his arrest, Mukhtar Singh accused was interrogated by the Investigating Officer on August 31, 1973.
He denied the rest of the prosecution case and stated that he had been falsely implicated by the relations of Ajit Singh deceased on suspicion and that on the day of occurrence, he was working as a Conductor on a truck at Muzaffarnagar.
P 7 had been recovered from Mukhtar Singh accused.
He also took into possession blood stained earth and other relevant articles lying near the two dead bodies.
P 1 near the scene of murders.
Resham Singh W. 2 immediately reached the Bus Stand Amarkot, picked up his motor cycle which was lying there at a shop and drove fast to Police Station Valtoha, where he lodged the First Information Report Ex.
The rifle shots hit Hazara Singh on the left side of his head, and he dropped dead.
The trial Judge further held that the F.I.R. which had been lodged by Resham Singh with great promptitude at Police Station Valtoha, which was about three miles from the place of occurrence, furnished valuable companyroboration of the evidence of Resham Singh P.W. 2 .
When they reached near the fields of Jarmaj Singh Sarpanch of Mahmoodpura, all the six accused, namely, Wasson Singh, Baj Singh, Meja Singh, Joginder Singh, Mukhtar Singh and Harbhajan Singh emerged from the sann crop and came to the bank of the watercourse.
had earlier been involved in cases of serious crime, and Bachan Singh was admittedly registered as a bad character with the Police.
Gajjan Singh, who is said to have interceded and pacified both the parties at the time of the alleged quarrel over cattle trespass, three or four days prior to the occurrence, between Mukhtar Singh and Harbhajan Singh on one hand and Hazara Singh deceased and Resham Singh P.W. 2 on the other, has number been examined by the prosecution.
All these three were living together in the same hamlet in the fields.
499 of 1976.
Nothing was brought out in cross examination to show that the witness was in any way interested in the prosecution or was related to the deceased or had any animus against the accused.
He took them into possession and sealed them into a parcel.
Three or four days prior to the incident in question, the cattle of these accused persons trespassed on the land of Hazara Singh and damaged his companyton crop.
Baj Singh chased Resham Singh P.W. 2 and Bachan Singh P.W. 3 and fired at them with his pistol.
When these two were running away, the other two accused also fired at them.
Meja Singh, Harbhajan Singh and Baj Singh chased them.
In the absence of independent evidence, the trial Judge was unable to hold from the bare testimony of Bishamber Lal, Sub Inspector, that the rifle Ex.
Had these witnesses been with Hazara Singh deceased, they would have been the target of attack after Hazara Singh was killed and number Resham Singh deceased against whom the accused had numbergrudge.
According to Bishamber Lal, he interrogated Joginder Singh there and then, but did number arrest him.
The plea of Baj Singh was one of plain denial of the prosecution case.
He also seized two pairs of shoes lying at the spot.
Wasson Singh, Joginder Singh and Mukhtar Singh fired their rifles at Hazara Singh.
Mukhtar Singh and Harbhajan Singh accused are alleged to be partyman of Wasson Singh.
Resham Singh P.W.2 used to live with his brother in law, Hazara Singh deceased, in a hamlet in the fields outside the habitation of village Cheema.
The death in the opinion of the Doctor was due to shock and haemorrhage resulting from gun shot injuries on the chest which were sufficient to cause death in the ordinary companyrse of nature.
In cross examination, he revealed that these two fired cartridges were lying at a distance of 1.5 karams 8 or 9 feet from the dead body of Hazara Singh.
The evidence of the eyewitnesses therefore, companyld safely be acted upon for companyvicting Wasson Singh and Mukhtar Singh accused respondents for the murder of Hazara Singh.
Though the empty crime cartridges recovered from the spot were sent to the ballistic expert earlier, they were returned to the Police Station on the plea that the test cartridges had number been sent along with those empties.
Joginder Singh accused respondent is the brother of Mukhtar Singh accused respondent while Harbhajan Singh Respondent is their first companysin.
The post mortem examination of the dead body of Resham Singh was performed by Dr. Gursharan Kaur on August 5, 1973 at 8 a.m. The Doctor found five gun shot injuries on his body.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He, however, criticised the companyduct of Sub Inspector Bishamber Lal in number sending the empty cartridges found at the spot to the ballistic expert of the Forensic Laboratory, Chandigarh, with due promptitude.
But such assurance of the evidence of these eyewitnesses was number available against the remaining accused regarding either of the murders in question.
Thus, it has been clearly proved that two fired cartridges were picked up from the scene of crime and sealed into parcels which were later deposited with seals intact in the Police Station.
Two of these were wounds of entry, with everted margins on the back of the left chest.
P7 when it was recovered cannot be companysidered improbable.
The trial Judge further found that the prosecution had failed to establish the exact nature of the motive which might have actuated Meja Singh and Baj Singh to murder Resham Singh deceased.
The remaining accused, also, denied the circumstances appearing in evidence against them.
Hazara Singh deceased, Bachan Singh and Resham Singh, P.Ws.,
In the result, the trial Judge held that Wasson Singh, Joginder Singh and Mukhtar Singh accused had fired their rifles at Hazara Singh deceased, and had caused his death.
There was numbermention about this earlier incident in the statement of Bachan Singh P.W. 3 before the police during investigation.
It is in the evidence of these witnesses that the other accused are partymen of Wasson Singh.
The trial Judge referred the case to the High Court for companyfirmation of the death sentence of Wasson Singh.
Pending the appeal the High Court enlarged Wasson Singh accused on bail.
On August 4, 1973 at about 3.30 p.m., Resham Singh W.2 .
ii a Excepting in the case of Wasson Singh who had undoubtedly a grudge against Hazara Singh deceased, it has number been satisfactory established by the prosecution that the other five accused had any motive to companymit the murders in question.
The prosecution story narrated by Resham Singh W. 2 , who claims to be an eyewitness of the occurrence, runs as follows.
166/75 and Murder Reference No.
P.C., Wasson Singh accused admitted that he along with others was tried for the murder of Ajit Singh of village Dhual and Hazara Singh deceased had appeared against him as eye witness of that murder and that he Wasson Singh was companyvicted by the Court of Session, but had been released on bail pending his appeal in the High Court.
On the way Bachan Singh, brother of Hazara Singh, met them and proceeded along with them.
The rifle and the empty cartridges earlier found at the scene of crime were sent to the ballistic expert for examination and opinion.
P. Sharma and M. S. Dhillon for the Appellant.
One Ajit Singh of village Dhual was murdered, and Wassan Singh accused and his party men were tried therefor.
K. Jain for Respondents Nos.
At the trial, Hazara Singh deceased appeared as an eyewitness of that murder.
Meja Singh and Harbhajan Singh encircled Resham Singh deceased and shot him dead with rifle shots.
They involved fracture of the skull and damage to the brain.
10/75.
Both of them however, escaped and appeared with handcuffs on before the Deputy Home Minister and companyplained against the Police Sub Inspector.
He found two empty cartridge cases at the scene of Hazara Singhs murder.
But numberdefinite opinion companyld be given regarding the linkage of the fired cartridge marked C, with the 303 rifle marked A due to lack of sufficient individual characteristic marks on C2.
The trial Judge disbelieved the plea of alibi set up by Meja Singh accused.
The Judgment of the Court was delivered by SARKARIA, J. This appeal by the State of Punjab is directed against a judgment, dated July 22, 1975, of the High Court of Punjab and Haryana, whereby the appeal of the respondents hereinafter referred to as the accused was accepted and they were acquitted of the double murder charge against them.
The lands of Avtar Singh, Mukhtar Singh and Harbhajan Singh accused respondents adjoin the lands of Hazara Singh deceased.
No charring was present on any of these gun shot wounds.
K. Kohli and R. C. Kohli for the companyplainant.
They went in appeal to the High Court.
The evidence of the Doctor who performed the autopsy on the dead body of Hazara Singh is to the effect that there were two bullet wounds of entry on the left side of the head.
P. 9 that the 303 fired cartridge, marked C, had been fired through the 303 rifle marked A by him.
1 and 3 to 6.
The trial companyrt companyvicted Wasson Singh and his companypanions in that case.
P.G. and pair of shoes from the spot near the dead body of Hazara Singh, was number reliable, because P.W. 13 did number mention about the presence of these articles in the inquest report Ex.
He further found that Sub Inspector Bishambar Lal had tried to favour Joginder Singh accused by fabricating a numbere in his zimini at some subsequent stage.
After making a statement, Mukhtar Singh accused, in the presence of witnesses, led the police to the discovery of the rifle Ex.
He stated that his brothers Punjab Singh, Narinder Singh and Bagicha Singh had been prosecuted for the murder of one Puran Singh who was a relation of Bachan Singh W.3 that Punjab Singh and his companypanions were acquitted in that case.
