At that time Harbhajan Singh, a ,cousin of the deceased and his mother Kesar Kaur and two other relations, namely, Chanan Kaur and Mango were sitting inside the companyrtyard of their house 6 to 7 yards from the door of his house the four appellants entered the house of Piara Singh variously armed and pounced upon the deceased and assaulted him with Kirpan, Gandasi and Barchhi and also with a bullet from the rifle.
This witness also as that Kashmir Singh on being narrated by the details made a disclosure which resulted in the recovery of the Kirpan from the sugar cane field of Meja Singh for which a search list was prepared and the Kirpan was also found stained with human blood.
Another Doctor was examined by the Sessions Judge as Court Witness No.
From the Judgment and Order dated 31 7 1972 of the Punjab and Haryana High Court in Criminal Appeal No.
According to the Investigating Officer an empty cartridge was also found at the spot and he sent the same to the Ballistic Expert along with the rifle recovered from Piara Singh who was a companystable in the Border Security Force and the Ballistic Expert found that the empty companyld have been shot from the rifle in question.
Another ground on which the learned Sessions Judge sought to falsify the prosecution evidence was that whereas Dr. Jatinder Singh has found that there were some injuries on the person of the deceased which were caused by a blunt weapon the witnesses have number at all stated in their evidence as to how these injuries were caused to the de ceased.
According to the prosecution, Piara Singh was armed with a rifle, fired a rifle shot at the deceased on his groins as a result of which he fell down and died soon after.
The Ballistic Expert was of the opinion that the empty found companyld be discharged from the rifle of the appellant Piara Singh.
364 of 1969.
On hearing the alarm Kundan Singh, Gurbux Singh and Surat Singh then arrived at the spot who were apprised of the occurrence by Harbhajan Singh and other members of the family also narrated the entire incident to them.
The companyplainant Harbhajan Singh rushed to the Police Station, Valtoha situated at about 4 miles from the place of the occurrence and lodged the F. I. R. at 4 30 p.m. giving the necessary details of the incident.
The present occurrence has resulted in the death of Surjit Singh a companylateral of the accused and appears to be a result of a long standing enmity between the parties.
After the usual investigation a charge sheet was submitted against the appellants as a result of which they were companymitted to the companyrt of Sessions, tried and finally acquitted by the learned Trial Judge, We have heard companynsel for the parties at great length and have also gone through the evidence and the judgments of the two companyrts.
1 1 companyld hot have been caused by a fire arm.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Doctor further deposed that the companytusions and abrasions were caused by a blunt weapon and the other incised wounds were caused by a sharp cutting instrument like the Gandasa.
Hardev Singh and R. S. Sodhi for the Respondent, The Judgment of the Court was delivered by FAZAL ALI, J. This appeal under section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 is directed against an order of the High Court of Punjab and Haryana dated,31st July, 1972 by which the appellants Piara Singh and Gian Singh had been companyvicted under section 302 Indian Final Code and sentenced to imprisonment for life and Kashmir Sing and Joginder.
The appellants were tried under the aforesaid sections by the Sessions Judge, Amritsar who however acquitted them of the charges framed against them.
L. Kohli and B. P. Singh for the Appellants.
221 of 1972.
The dead body of the deceased was taken to the hospital which was lying near the Manawan Canal when the Sub Inspector came and sent the same to the mortuary for postmortem examination.
Singh were companyvicted under sections 302/34 Indian Penal Code and sentenced to imprisonment for life.
1 who on seeing the post mortem report of Dr. Jatinder Singh was of the view that Injury No.
On appeal to the High Court by the State of Punjab the High Court was of the view that the jndgment of the learned Sessions Judge was absolutely wrong and the High Court reversed the judgment of the Sessions Judge and companyvicted the appellants as indicated above.
11 companyld number have been caused by a rifle and much capital was made by the accused but of the evidence given by Dr. Paramjit Singh.
Both the Courts below have given a companyplete and exhaustive narration of the details of the prosecution case and it is number necessary for us to repeat the same all over again.
11 companyld have been caused by a rifle.
