from the place of occurrence in Village Sangatpur Sodhian at about 5.15 P.M. In the FIR Exhibit PA it has been stated by the informant, Jagtar Singh PW 1 that he and his brother, Kuldip Singh PW 8 and one Gurmit Singh were present at the place of H occurrence and witnessed the assault by the accused, Paul Singh with the handle of the tractor on the deceased, Karnail Singh over an altercation as to the striking the tractor against one of the buffaloes of the deceased.
After preparing the inquest report Exhibit PE , the Sub Inspector despatched the dead body of Karnail Singh for autopsy.
P.M. On October 8, 1983.
Paul Singh suddenly got down from his tractor taking the handle of the tractor in his hand and gave a blow on the forehead of Karnail Singh, the deceased.
At that time Jagtar Singh PW 1 , another son of the deceased, Karnail Singh along with Gurmit Singh was companying towards the spot and they saw the occurrence.
P.M. The statement of Jagtar Singh Exhibit PA was recorded as FIR by the Sub Inspector, Harbans Singh PW 9 .
2 setting aside the companyviction and sentence awarded by the Additional Sessions Judge.
2 was arrested on October 9, 1983 and on the basis of his disclosure statement Exhibit PG the handle of the tractor Exhibit PF stained with blood was recovered by the Sub Inspector.
The deceased died at the spot on receipt of the injuries.
Against this judgment and order the accused, Paul Singh filed an appeal being Criminal Appeal No.
From the Judgment and order dated 8.1.1985 of the Punjab and Haryana High Court in Crl.
There was some altercation between the parties.
The said report F.I.R. was despatched by the Sub Inspector to Illaqa Magistrate who received the same at about 8.15.
The tractor was left behind.
While the tractor was passing, it hit one of the buffaloes whereon Karnail Singh asked Paul Singh whether he companyld number see the buffaloes.
The Sub Inspector and Jagtar Singh came to the spot at about 7 P.M. and made an inquest report.
Respondent No.
S. Gujral and Vishnu Mathur for the Appellant.
Paul Singh gave 3 4 blows on Karnail Singh Iying on the ground and took to his heels as Jagtar Singh PW 1 and Gurmit Singh were hastening to the spot to intervene.
The tractor of the respondent No.
This appeal by special leave is against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
The said appeal was heard by a division bench of the High Court and without properly companysidering and marshalling the evidences of the eye witnesses, Jagtar Singh PW 1 and Kuldip Singh PW 8 as well as the FIR Exhibit PA and also the Inquest Report Exhibit PE and other evidences on record, wrongly held that the occurrence was number witnessed by Jagtar Singh and Kuldip Singh and Paul Singh, respondent No.
The deceased fell on the ground with his face downward.
2, Paul Singh was taken into possession by the Sub Inspector vide Memo Exhibit PL.
CRIMINAL APPELLATE JURISDICTION.
Criminal Appeal No.
302 DB of 1984 reversing the companyviction and sentence passed by the Additional Sessions Judge, Patiala and acquitting the appellant Paul Singh respondent No.
The Judgment of the Court was delivered by RAY, .1.
2 in this appeal was named in the FIR because of the previous prolonged enmity with him.
302 DB of 1984.
Jagtar Singh PW 1 keeping Kuldip Singh PW 8 and Gurmit Singh to guard the dead body, went to the police station by bicycle which is about 12 KMs from the place of occurrence in Village Sangatpur Sodhian and reached there at about 5.15.
When they reached near the house of one Baldev Singh in the lane where the houses of Weaver companymunity are situated, respondent No.
2 in his statement under Section 313 of Code of Criminal Procedure pleaded his innocence and stated that due to enmity he has been falsely involved in this case.
A. No.
On October 8, 1983 at about 4 P.M. the deceased, Karnail Singh who was the next door neighbour of Paul Singh, along with his son Kuldip Singh PW 8 were taking their buffaloes from their house towards the fields.
532 of 1988.
302 DB of 1984 in the High Court of Punjab and Haryana at Chandigarh.
2, Paul Singh came from the opposite side driving a tractor.
The learned Additional Sessions Judge after hearing the companynsel for the parties and on a companysideration and appraisal of the evidences on record, companyvicted the accused Paul Singh under section 302 I.P.C. and sentenced him to suffer R.I. for life and also pay a fine of Rs.200 in default of payment of fine to undergo further R.I. for 2 months.
K. Mulla, R.K. Garg, R.S. Suri and N.D. Garg for the Respondents.
The respondent No.
