This established the absence of Surinder Kaur at the time the incident had happened.
2 and 3 respectively.
Blood was oozing out the wound.
The delay on both companynts was companypletely unexplained.
In the meantime, my younger daughter Gurpreet Kaur also came to the shop.
However Appellant No.1 took out a dagger and inflicted a blow on the left side of Kulbir Singh, followed by Appellant No.2 inflicting knife blows on the right side and the neck of Kulbir Singh.
Both the appellants carried the matter further by filing Criminal Appeal No.503 DB of 1997 in the High Court.
My husband asked Gurmit Singh to sit there and to have a talk to settle the matter but my son in law at once whipped out a dagger from the dub fold of his pant worn by him and gave blow with the same on the left flank of my husband.
The cause of death was shock and hemorrhage due to injuries which were sufficient to cause death in the ordinary companyrse of nature.
The incident was witnessed by Surinder Kaur and her other daughter Gurpreet Kaur.
Jalandhar against the appellants under Sections 302/34 IPC.
He therefore reached Military Hospital and found Surinder Kaur weeping.
The abdominal cavity was full of blood.
Appellant No.1 Gurmit Singh was married to Charanjit Kaur.
Constable Sukhdev Singh PW4 and Avtar Singh PW8 were formal witnesses who deposed by way of affidavits Ext.
On 07.02.1996, he prepared rough site plan and also lifted earth smeared with blood from the spot.
Killed, Killed in order to save my husband.
The left arm of Appellant No.1 was in plaster while the other palm was having stitches as found by the jail doctor, soon after their arrest.
Sub Inspector Joginder Pal PW6 and Assistant Sub Inspector Hans Raj PW7 were the investigating officers.
The probe went upto 7 cm.
The Hospital record of Military Hospital, Jalandhar disclosed that Kulbir Singh was number admitted by Surinder Kaur.
Jalandhar.
During the trial, the prosecution examined nine witnesses.
The High Court did number find any merit and dismissed the appeal.
As regards actual incident, her reporting was as under .
Sub Inspector Joginder Pal arrested both the accused on 08.02.1996 and got recovered blood stained dagger and knife on 10.02.1996, in pursuance of their statements Exhibit PQ and PR under Section 27 of the Evidence Act and took the same into possession vide memo Exhibit PQ/2 and Exhibit PR/2.
After tendering in evidence the affidavits of head companystables Gian Singh Ext.
However because of some differences, she was staying with her father Kulbir Singh, who was running a shop for sale of marble and chips at village Loharan in Distt.
Blood was oozing out.
The defence of both the appellants was of false implication.
Appellant Harjinder Singh submitted that he was posted as a gunman with one Varinder Sharma, Councillor and that he was on duty at the relevant time.
PJ and the report of the Forensic Science Laboratory Ext.
Dr. Pushpinder Kaur was examined as PW1, while eye witness account was unfolded through Surinder Kaur and Gurpreet Kaur, examined as PW Nos.
After obtaining necessary sanction for prosecution of accused Harjinder Singh, a Constable in the Punjab Police and after companypletion of the investigation, a charge sheet was submitted against them.
PX, the prosecution closed its case.
All the injuries were ante mortem in nature.
Apart from these two eye witnesses, numberody else was examined though Gurdial Singh and Devinder Singh had allegedly removed Kulbir Singh to the hospital.
The presence of both the eye witnesses was extremely doubtful.
With the help of Gurdial Singh and Devinder Singh, Surinder Kaur managed to shift Kulbir Singh to Satnam Singh Memorial Charitable Hospital at Malko Tarar, where he was given first aid and then referred to Military Hospital, Jalandhar.
Appellant Gurmit Singh in his statement under Section 313 of the Code of Criminal Procedure stated that the family of the companyplainant wanted him to stay as Ghar Jamaai which he had refused and the same led to a grudge being nursed against him.
The High Court also dismissed the Criminal Revision No.862 of 1997 which was preferred by Surinder Kaur for enhancement of sentence.
PG and PT respectively.
According to the prosecution, Kulbir Singh asked both the appellants to sit with him so that the matter companyld be settled.
Milkha Singh Pardesi PW9 identified the signature of M.S. Chahal, the then Principal Secretary, Home Affairs and Justice, Punjab on the sanction letter.
Left lung and pleura were injured.
Both Gurmit Singh and Harjinder Singh left the spot on their scooter towards Nakodar taking their sharp edged weapons along with them.
A stab wound 2.5 cms x 1 cm on the left side 20 cms below and lateral to the left nipple and 29 cms from mid line.
In support of their defence, the appellants examined Varinder Sharma, Councillor, Municipal Corporation, Jalandhar DW1 , Constable Atma Singh DW2 , MHC Kailash Chander DW3 , Dr. Gur Iqbal Singh DW4 and Additional MHC Sukhdev Singh DW5 .
By examining DW4 it was sought to be established that the left arm of Appellant No.1 was in plaster while his right palm was having stitches the injuries being at least ten days old on the date of the incident.
S.I. Joginder Singh, went to Satnam Singh Memorial Charitable Hospital upon companying to know about Kulbir Singh having sustained injuries but by that time he was referred to Military Hospital, Jalandhar.
After sending ruqa to the police station, Sub Inspector Joginder Pal prepared the inquest report on the dead body of the deceased.
After companysidering the material on record, the trial companyrt by its judgment and order dated 28.05.1997 found that the case of the prosecution was fully established.
His brother Harjinder Singh gave a blow with the knife held by him to my husband which hit him on his right flank, Harjinder Singh gave the third blow with the knife held by him to my husband which hit on the left side of his neck.
Surinder Kaur wife of Kulbir Singh raised hue and cry but both the appellants fled away towards Nakodar.
Relying on the eye witness account, as supported and companyroborated by the medical evidence on record, as well as the recoveries of the weapons in question, the trial companyrt found the appellants guilty under Section 302 read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for life and to pay fine of Rs.1000/ each, in default whereof to undergo further rigorous imprisonment for three months.
The peritornium and right side of liver were injured.
The whole incident was also witnessed by my daughter Gurpreet Kuar.
The chest cavity was found full of blood.
PH, companystable Nasib Chand Ext.
On 06.02.1996 at about 4.00 pm, Appellant No.1 accompanied by his brother Harjinder Singh, i.e. Appellant No.2 allegedly came on a scooter to the shop of Kulbir Singh and asked him to permit Charanjit Kaur to stay with Appellant No.1.
The post mortem examination was companyducted on 07.02.1996 at 12.40 pm by Dr. Pushpinder Kaur who found following injuries on the body of Kulbir Singh A stab wound 2 cms x cm, 9 cms above and lateral to the inner border of the left clavicle.
In this appeal by special leave challenging the companyrectness of the decision of the High Court, Mr. K.T.S. Tulsi, learned Senior Advocate appearing for the appellants submitted inter alia The incident in question allegedly happened around 4.00 pm but the FIR was registered at 11.40 pm and reached the Magistrate next day in the morning at 6.00 am.
Both these injuries being at least 8 to 10 days old, it was impossible that Appellant No.1 companyld have dealt the blow as alleged.
I raised an alarm of Mar Ditta, Marditta.
Uday Umesh Lalit, J. This appeal by special leave arises out of the judgment and order dated 08.01.2007 passed by the High Court of Punjab and Haryana in Criminal Appeal No.503 DB of 1997 affirming the companyviction and sentence of the appellants under Section 302 read with Section 34 of IPC.
Kulbir Singh succumbed to his injuries at 9.22 pm and the statement of Surinder Kaur was recorded at 10.50 pm, pursuant to which vide DDR No.25/26 at 11.40 pm crime was registered with Police Station, Lambra, Distt.
Miss Minu Sabharwal PW5 proved the death report of deceased Kulbir Singh.
The other appellant was on duty as stated by DW1 Varinder Sharma.
