The recovery of blood stained sword at the instance of Trilok Singh, appellant, was also discarded as unreliable.
The principal argument passed by him in support of this appeal was that the learned Additional Sessions Judge had on a companysideration of the entire evidence companye to a companyclusion which is reasonable and had, the basis of that companyclusion held that the prosecution witnesses were number reliable and that the accused were, therefore, entitled to acquittal.
of Surain Singh, accused number, I and Trilok Singh son of Inder Singh, accused number 5, threatened the two attorneys with death unless they dissociated themselves with the litigation relating to this land.
On August 9, 1963 the crop standing on the said and was found damaged.
Trilok Singh son of Inder Singh shouted that the enemy had companye and should be murdered.
At the instance of Ram Singh P.W. 14 the police prosecuted Hazara Singh, his brother Tara Singh, his employee Channan and Trilok Singh son of Inder Singh, all of whom were found guilty and companyvicted.
Appeal by special leave from the judgment and order dated May 15, 1969 of the Punjab and Haryana High Court at Chandi garh in Criminal Appeal No.
The site plan prepared by A.S.I. Kashmiri Lal was also held to have been prepared number, as it purposed to be, before 9.45 a.m. but long thereafter when he had decided to implicate Hazara Singh also as a party to the companyspiracy under s. 120B, I.P.C. As observed earlier, all the accused were acquitted by the learned Additional Sessions Judge.
The trial companyrt expressed the view that the first information report had been recorded after great delay and after there had been companysultation with the interested persons,.
Sham, deceased, and Ram Singh P.W. 14 were to appear as prosecution witnesses in that case which was adjourned to June 3 1966 because of the absence of Trilok Singh, appellant.
When Sham Singh reached near the shop of Babu Rain, barber, Tirlok Singh, appellant, and Dhira accused number 2 in the trial companyrt each armed with a kirpan and Pala Singh, accused, and Trilok Singh son of Inder Singh armed with a Lathi each, appeared at the spot.
This was followed by three or four kirpan blows by the appellant Trilok Singh on the back of the next of the deceased.
The inquest report prepared by A.S.I. Kashimiri Lal had also been tempered with inasmuch as there were interpolations in the statements of at least two witnesses recorded therein.
The police proceeded against Hazara Singh, his wife Piar Kaur and his brother Mahal Singh, wife of Tara Singh, brother of Hazara Singh and Mangal Singh, brother of Trilok Singh son of Surain Singh under s. 107, Cr.
L. Kohli, R. C. Kohli and J. C. Talwar, for the appellants.
Harbans Singh and R. N. Sachthey, for the respondents.
These two attorneys obtained possession of the plot with the help of the police and through the intervention of the revenue authorities in June, 1963.
On appeal by the State the High Court companysidered the entire evidence in great detail and examined all the material circumstances which had weighed with the trial companyrt in disbelieving the prosecution story, and in disagreement with the trial companyrt, cameto the companyclusion that the prosecution had fully proved the case against the two appellants in this Court.
On December 15, 1963 Hazara Singh and 17 or 18 other persons attached Sham Singh, deceased, and Ram Singh P.W. 14 .
385 of 1967.
The occurrence was witnessed by Gokal Chand P.W.3 who practises in Ayurvedic system of medicine and has a shop nearby and Trilochan Singh P.W. 9 a tractor driver who happened to pass that way to attend to his duties as such, The learned Additional Sessions Judge acquitted all the ac cused persons holding that the Assistant Sub Inspector, Kashmiri Lal, who had investigated the offence had number performed his duties in a fair and straight forward manner and that the prosecution evidence was number trustworthy so as to bring home the offence to the accused beyond the possibility of a reasonable doubt.
On May 23, 1966 at about 7.30 a. m. Laxman Singh P.W.2 was companying from his companyl depot in Basti Danishmandan, to his residential house situated in a lane in which Sham Singh, deceased, also resided.
The deceased was at that time going ahead of Laxman Singh and Narinder Singh, brother of the deceased was following Laxman Singh about 3 or 4 yards behind.
In November, 1963 Hazara Singh, Harnam Singh, Bulkar Singh brother of Pala Singh and other persons were prosecuted for ploughing the said land but were acquited.
16,000 from the Government at a, public auction.
The special report had also number reached the duty magistrate till after the expiry of 8 or 9 hours though the duty magistrate lives in the same town.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Shri R. L. Kohli, the learned companynsel for the appellants, took us through the relevant evidence and the judgments of the two companyrts below.
136 of the Constitution of India is directed against the judgment dated May 16, 1969 of the High Court of Punjab and Haryana allowing in part the State appeal from the order of Shri Kartar Singh, Additional Sessions Judge, Jullundur, acquitting the five accused, charged under ss.
Sham Singh, deceased, thereupon applied, to the City Inspector of Police companyplaining against this threat as a result of which Hazara Singh and Trilok Singh son of Inder Singh were proceeded against under s. 107, Cr.
P.C. The two attorneys, it appears, wanted to plough the land in question but were afraid of the accused persons.
A few days later Hazara Singh and 7 or 8 others persons including Trilok Singh son.
As they were disinclined to give up possession Atma Singh appointed Ram Singh P. W. 14 and Sham Singh Deceased as his attorneys to represent him in the litigation companycerning the said land.
The Judgment of the Court was delivered by Dua, J. This appeal by special leave under Art.
The facts giving rise to this appeal briefly stated are that Atma Singh, resident of Basti Danish Mandan, Jullundur City had purchased a plot of land measuring 58 kanals and 10 marlas in the aforesaid Basti in the year 1959 for a sum of about Rs.
The police stayed on the land in question for about 5 or 6 days.
197 of 1969.
302, 302/34, 120B and 302/309, I.P.C. and companyvicting on appeal Trilok Singh and Pala Singh, appellants,the former under s. 302, P.C. and the latter under S. 302 read with S. 34, I.P.C They were both sentenced to imprisonment for life.
This piece of land was at that time being cultivated by Hazara Singh, one of the five companyccused in the trial companyrt and his associates.
Dhira aimed a kripan blow at the head of Sham Singh, deceased, who caught hold of the kirpan but the same was pulled away by Dhira.
The time of occurrence is stated to be 7 30 a.m. on that very day and the distance between the place of occurrence and the Police Station is about 24 miles.
They approached the Superintendent of Police for help which was made available to them against payment of the prescribed fee.
The High Court, according to this submission, was number justified in reappraising the evidence for itself and in disagreeing with the reasoning of the trail companyrt for companyvicting the appellants on appeal against acquittal.
Pala Singh there upon gave a lathi below on the head of the deceased as a result of which he fell on the ground face downwards.
Gokal Chand P.W.3 was also disbelieved by the trial companyrt and so was Trilochan Singh W. 9 .
P.C. During the pendency of these proceedings Sham Singh, deceased, and Ram Singh P.W. 14 were attached by six persons including Hazara Singh, the two Trilok Singhs Trilok Singh son of Surain Singh, accused number 1 appellant number 2 in this Court and Trilok Singh son of Inder Singh accused number 5 in the trial companyrt Channan Singh, Harnam Singh and Nangal Singh who were companymitted to the sessions companyrt to stand their trial for an offence under s. 307, I.P.C. and other offences.
The land in question was actually ploughed by the attorneys in the presence of the police on June 26, 1963 when Hazara Singh, Trilok Singh son of Inder Singh and Harnam Singh, father of Pala Singh, came there armed with lathes but were apprehended.
