His right lung and liver were ruptured as a result of the injury and two metallic pieces were recovered from his peritoneal cavity.
The injuries found on the person of Gurcharan Singh show that two shots were fired at him from two different guns.
The High Court companyfirmed the companyviction of the appellants on all the charges as also the sentence of life imprisonment awarded to them on some of the charges.
He found Jagir Singhs tractor with a loaded trolley standing on the Patiala Samana Road.
As the tractor was approaching the bus stand of the village of Kheri Fattan, the three appellants passed it by in their tractor and went ahead.
of paddy in the trolley of his tractor for being sold in the market of Samana.
Sub Inspector Banta Singh arrested Harnam Singh on January 28, 1974 in the village of Dhainthal.
Jagir Singh was accompanied by his son Gurcharan Singh, Charat Singh, Gurmukh Singh, Didar Singh, Gian Singh and Hamir Kaur.
Gian Singh was driving the tractor.
Appellants Balwinder Singh and Harnam Singh, who are the sons of Nidhan Singh, were companyvicted under Section 302 read with Section 34 I.P.C. for the murder of Charat Singh, Shisha Singh and Hamir Kaur as also for the murder of Gurcharan Singh.
Jagir Singh jumped out of the trolley along with his rifle from which ha fired a few shots in the air.
The appellants, though named in the First Information Report, companyld number be traced by the Investigating Officer.
These metallic pieces, according to Mr. Mulla, were parts of a bullet fired from a rifle and were number pieces of pellets fired from a gun.
Jagir Singh then went to Samana in a bus and lodged his.
He saw the dead bodies of Gurcharan Singh, Charat Singh and Shisha Singh, prepared an inquest report and seized the card board wads, pellets and empty cartridges cells from the place of occurrence.
The learned Sessions Judge referred the death sentence for companyfirmation to the High Court.
too received gun shot injuries.
We will therefore number repeat what has been said by them and will companyfine our attention to the main points made before us by Mr. Mulla who appears on be half of the appellants, The incident out of which the prosecution arose happened at about 11.00 A. M. on November 27, 1973.
As observed by the High Court, the evidence is number clear enough to companypel the inference that whether the fatal injury was caused to Gurcharan Singh as a result of the shot fired by Nidhan Singh.
Jagir Singh P.W. 2 loaded 40 mds.
The evidence of these three witnesses has been examined with great care by the learned Sessions Judge and by the learned Judges of the High Court.
The tractor of the appellant Nidhan Singh was at a distance of about 20 karams from Jagir Singhs tractor behind the Sarkanda reeds in between the road and the canal.
On December 5, 1973 Nidhan Singh and Bal winder Singh surrendered themselves in the Court of the Judicial Magistrate, First Class, Patiala.
That tractor was taken into possession under the Memo Exhibit P. U. The tractor of Jagir Singh was taken into possession under the Memo Exhibit P. N. , Dr. Baldev Raj Bhandari examined the injuries on the person of Didar Singh and Gian Singh while Dr. Harish Tuli performed the post mortem examination on the dead bodies of Gurcharan Singh, Charat Singh, Shisha Singh and Hamir Kaur.
First Information Report Exhibit P J at about 1.00 P. M. Sub Inspector Banta Singh recorded the F. I. R, and reached the place of occurrence within a few hours.
All these four persons died indisputedly of gun shot injuries.
In the mean while, Hamir Kaur and Shisha Singh jumped out of the trolley to save their lives but they.
Nidhan Singh fired a shot which killed Gurcharan Singh.
All the appellants were further companyvicted under Section 307 read with Section 34 I.P.C., for causing injuries to Gian Singh and Didar Singh, and under Section 27 of the Arms Act for unlawful use of firearms.
Appellant Nidhan Singh was companyvicted under Section 302 I.P.C. for the murder of Gurcharan Singh and was sentenced to death.
At the trial, the prosecution examined Jagir Singh P.W. 2 , Didar Singh P.W. 3 and Gian Singh P.W. 4 as eye witnesses to the occurrence.
V. Chandrachud, C.J. The appellants in Criminal Appeal No.
The three accused filed a companymon appeal in the High Court of Punjab and Haryana against their companyviction and sentence.
Gurcharan Singh, Charat Singh, Shisha Singh and Hamir Kaur who were travelling with Jagir Singh met with their death while Gian Singh and Didar Singh were seriously wounded.
15 of 1977 were companyvicted by the learned Sessions Judge, Patiala, for various offences arising out of an incident dated November 27, 1973, in which four persons were murdered.
The State of Punjab filed an appeal in the High Court for enhancement of the sentence of life imprisonment imposed on the appellants Balwinder Singh and Harnam Singh.
Balwinder Singh and Harnam Singh fired shots which injured Charat Singh and Didar Singh.
10/ as a marriage gift at the time of the marriage of Shisha Singhs brother, Kehar Singh.
Kashmir Singh, son of the deceased Shisha Singh, who was examined by the appellants as a defence witness produced an account book which companytained an entry showing that the appellant Nidhan Singh had given Rs.
The sentence of death was imposed by the Sessions Court on Nidhan Singh for having companymitted the murder of Gurcharan Singh.
Jagir Singhs tractor companyered a distance of about 300 karams towards Samana when the appellants came out of the Sarkanda bushes from the right side of the road.
Near the bus stand of village Dhainthal, Shisha Singh got into the tractor of Jagir Singh.
They were armed with guns.
