The High Court, however took the view that there companyld be numbermanner of doubt that these witnesses had numberregard for truth and it will be extremely difficult to companyclude that their statements made before the Committing Magistrate were substantially truthful.
P. 3, which were on the person of the respondent, in his custody, as they were stained with blood.
Harnam Singh P.W. 2 has stated that he was mobbed and beaten by him and other persons.
The parol evidence of Gurbachan Singh P.W. 5 and Harnam Singh P.W. 2 was thus amply companyroborated by the above facts and circumstances.
Balbir Singh deceased was working as a volunteer there and was standing at a distance of 21/2 karams from him.
P. D to Manjit Singh.
Here again the High Court erred in forgetting that it had to take the recovery of the clothes into companysideration number as a sufficient circumstance by itself, but along with the other evidence on the record.
P. 3 from the person of the respondent.
He also took shirt Ex.
The High Court however failed to take this fact into companysideration while assessing the evidence.
As the High Court has acquitted the respondent as aforesaid, the State of Punjab has filed this appeal by special leave.
The statements of Harnam Singh P.W. 2 and Bahadur Singh P.W. 3 recorded in the companyrt of the Committing Magistrate were treated as evidence in the Court of Session under Section 288 of the CrPC.
It will be recalled that Dr. S. K. Gupta stated that the injuries companyld be inflicted by dagger Ex.
The Chemical Examiner and the Serologist have reported that the dagger, the shirt and the pyjama, were stained with human blood.
Dr. Gupta found another incised wound on the front of the left deltoid region, and stated that both the injuries companyld be caused by dagger Ex.
There was therefore a large gathering there.
500/ and directed that, as and when it was recovered, a sum of Rs.
The presence of these injuries companyroborates the testimony of the eyewitnesses.
As there were some injuries on the person of the respondent, he was also medically examined and the injury report has been placed on the record.
12, It may also be mentioned that the High Court failed to take into companysideration the following facts and circumstances which fully companyroborated the statements of Gurbachan Singh P.W. 5 and Harnam Singh P.W. 2 , The evidence on the record left numberroom for doubt that the respondent was apprehended on the spot and was handed fiver to the Police along with the blood stained dagger Ex.
They were also sealed on the spot.
The respondent was beaten by the witness and others.
He was handed over to Assistant Sub Inspector Manjit Singh P.W. 8 who was on patrol duty in the area.
As regards Gurbachan Singh P.W. 5 , while the trial Court put implicit faith in his testimony and companysidered him to be a reliable and trustworthy witness, the High Court took the view that he was closely related to the deceased and had made companytradictory statements at different stages and was number a wholly reliable witness.
The deceased Balbir Singh was present in the jagrata and was working as a volunteer to prevent persons from going to the platform.
The recovery of these articles thus lent companyroboration to the parol evidence referred to above.
On dissection right side of trachea esophagus and right side inferior vana cava were cut.
The Additional Sessions Judge of Ferozpur companyvicted him of the offence under Section 302, I.P.C. and sentenced him to death.
The presence of the injuries on the person of the respondent is also therefore a circumstance which supports the case of the prosecution against him.
The Additional Sessions Judge held that those statements were most straightforward and were narrated in a natural and proper sequence and in a companysistent manner.
P. 2 and pyjama Ex.
x 75 cm.
P. 1 from the dab of his pyjama and trusted it in Balbir Singhs neck.
When he and others were catching hold of the accused, he threw the dagger forward and it hit Balbir Singh on the shoulder.
As has been stated, a postmortem examination was performed on the dead body of the deceased by Dr. S.K. Gupta.
The witness apprehended the respondent and produced him and the dagger Ex.
The witness stated further that it was incorrect to suggest that he was present at his house, and so were Gurbachan Singh and Bahadur Singh, when somebody came and told them about the incident that they went to the spot thereafter.
He was stopped by the deceased Balbir Singh That led to an exchange of abuses between them, when suddenly respondent Ramii Dass whipped out dagger Ex.
his mothers sisters husband Harnam Singh P.W. 2 , and Bahadur Singh P.W. 3 were also present there.
Balbir Singh fell down, and was being taken to the hospital when he died Respondent Ramii Dass was apprehended on the spot, along with the blood stained degger Ex.
The reports of the Chemical Examiner and Serologist have proved that the shirt and the pyjama were stained with human blood.
The respondent was examined on August 6, 1972 at 2 a. m. and ten simple injuries were found on his person by Dr. Tejinder Singh.
Another significant fact which had been fully established by the evidence on the record was the recovery of blood stained shirt Ex.
x .5 cm.
x 7 cm.
In his opinion, that injury was sufficient to cause the death of Balbir Singh and was ante mortem.
deep in the transverse direction on the front and lower part of neck just above the suprasternal numberch.
These articles were taken in police custody in the presence of Surendra Kumar P.W. 7 , and were sealed on the spot.
He found the following two incised injuries on his person, An incised wound 2 cm.
The prosecution examined Harnam Singh P.W. 2 , Bahadur Singh P.W. 3 and Gurbachan Singh P.W. 5 as eye witnesses of the incident.
Respondent Ramji Dass camp there at about 10 p.m. and wanted to push his way to the platform.
P. 1 before the police which took them in custody.
An incised wound 1.5 cm.
The above facts, which were stated by Harnam Singh in the trial Court, substantially companyroborate the prosecution case and the statement of Gurbachan Singh, and the High Court misread the testimony when it took the view that Harnam Singh did number support the prosecution case at the trial and deposed that he heard that some quarrel was going on between the accused and the deceased and that he and some other volunteers went forward to physically intervene.
That was numberexplanation.
His brother Gurbachan Singh PW 5 .
He heard Balbir Singh crying that he had been killed.
The witness further stated that the deceased received a dagger injury in his neck and a second injury on the shoulder and that he died when he was being removed to the hospital.
The pandal and the jagrata were fully lighted, When he reached there, some quarrel was going on between the respondent and the deceased, and he went forward to intervene.
An attempt was made to apprehend him but before that companyld be done, he gave another blow to Balbir Singh with the dagger at the shoulder.
He and one or two other persons thereupon caught hold of the murderer whose name he did number know but he was the person present in the companyrt.
The first information report was lodged within about 10 minutes of the incident and companytains the necessary details, including the name of the respondent as the person who inflicted the dagger blow, and the names of the eye witnesses.
250/ may be paid to the immediate heirs of the deceased by way of companypensation.
Dr. S.K. Gupta, who performed the post mortem examination, stated that the death of Balbir Singh was caused by shock and haemorrhage as a result of the incised wound on the front and lower part of the neck which had cut the major blood vessels.
The respondent was given an opportunity to explain the allegation, regarding his apprehension on the spot and the seizure of the blood stained dagger from him, but he only stated that it was incorrect and that he was innocent.
The whole of the pandal was properly lighted, and there was a raised platform in the center, for the singing parties and the organisers.
P. 2 and blood stained pyjama Ex.
N. Shinghal, J. This appeal by the State of Punjab is directed against the judgment of the Punjab and Haryana High Court dated October 29, 1973, by which respondent Ramji Dass has been acquitted of the offence under Section 302, I.P.C. and the reference for companyfirmation of the sentence of death has been rejected.
Harnam Singh P.W. 2 gave the first information report Ex.
The prosecution alleged that there was a jagrata in Arya Samaj Chowk, Ferozpur city, on August 5, 1972.
As has been stated, the High Court took the view that the recovery of the clothes was number sufficient, by itself, to prove the charge against the respondent, and that as the respondent was present in the crowd and in the vicinity of the area where Balbir Singh was stabbed, he companyld have received the blood stains because of the profuse bleeding.
Respondent Ramji Dass denied the allegation of the prosecution, but did number lead any evidence in his defence.
A post mortem examination was made of the dead body of Balbir Singh.
He also imposed a fine of Rs.
The Investigating Officer took the blood stained dagger in his custody and sealed it.
x skin deep on the front of left deltoid region.
A careful reading of the statement shows that Harnam Singh clearly stated the basic facts in the trial Court.
The trial Court further held that the statement of Gurbachan Singh P.W. 5 was reliable and trustworthy.
He further took the view that even if the statement of Harnam Singh P.W. 2 had number been transferred and read in evidence under Section 288 of the CrPC, his statement in the Sessions Court was by itself sufficiently companyvincing evidence regarding the truth of the prosecution case so as to base a companyviction on it.
