The post mortem examination over the body of Mithu Singh revealed two gun shot wounds being the entry and exit wounds.
Pirthi Singh died on the way.
It was suggested to the prosecution witnesses on behalf of the accused that the dying declaration was a later fabrication and that neither Chhota Singh number Hardip Singh had witnessed the occurrence.
Darshan Singh beat the fallen Pirthi Singh three or four times with the iron rod which he had with him.
On his advice Harmel Singh was taken to the Bhatinda Hospital at 11.15 p.m. In cross examination he made a clear attempt to help the defence by stating that when Harmel Singh arrived in the Hospital his pulse was weak and imperceptible, suggesting thereby that Harmel Singh was number in a position to make a statement.
from the scene of occurrence.
He was closely related to the deceased and was interested in implicating the accused.
Ha held the inquests and recovered four empty cartridges, bloodstained earth etc.
The learned Counsel also companymented on the delay in the examination of the witness by the Investigating Officer.
His brothers Darshan Singh and Gurmal Singh were companyvicted under Section 502 read with Section 34, Indian Penal Code and sentenced to suffer imprisonment for life.
They met Darshan Singh near the out skirts of Hussaner chowk, Pirthi Singh questioned Darshan Singh as to why he had threatened the Munshi of their Truck Union.
While they were sitting there, at about 8 p. m. Chhota Singh came there and informed them that when he had gone to the agency of Chiman Lal to hire a truck, sometime earlier he had heard Chiman Lal and Murari Lal telling Tehal Singh.
Dr. Pasri cha who was examined by the prosecution as P.W. 2 stated in his evidence that Harmel Singh was brought to the Hospital at about 10.15 P.M. and that he sent a report Exh.
Harmel Singh came forward and he too was shot at by Tehal Singh on the right knee.
P.W. to the Police and outpost at 10.20 p. m. The Head Constable came to the Hospital and recorded the statement of Harmel Singh, in his presence.
The brief case of the prosecution was as follows There was some rivalry between Chiman Lal and Murari Lal who were transport operators on one side and Pirthi Singh and Harmal Singh who were also transport operators on the other side.
There was an exchange of abuse, Pirthi Singh also slapped Dar shan Singh.
It was suggested that the case was foisted against the accused by the witnesses who were relations of the deceased with the help of Sub Inspector Baldev Singh who was also related to the deceased.
Darshan Singh left the scene in a vengeful mood, Pirthi Singh, Mithu Singh, Harmel Singh and Hardip Singh then proceeded to the premises of the agency of Parma Nand.
Bhal Singh was also companyvicted under Section 27 of the Arms Act and sentenced to suffer imprisonment for three years.
Dr. Pasricha also went to the extent of deposing that Sub Inspector Baldev Singh and Assistant Sub Inspector Daulat Ram were both present when the statement of Harmel Singh was recorded.
He stumbled over a few paces and fell down when Darshan Singh and Gurmel Singh assaulted him with iron rods which were with them, Tehal Singh then fired a shot into the air and thereafter all the assailants drove away in their truck.
The High Court also accepted the evidence of Hardip Singh and the dying declaration.
Tehal Singh fired a shot which hit Pirthi Singh on the right shoulder, felling him to the ground.
The companyvictions and sentences were companyfirmed by the High Court of Punjab and Haryana.
Mithu Singh and Hardip Singh the son of Pirthi Singh a boy aged 13 years were returning to their village Giddarbaha from Hussaner in their truck.
Darshan Singh and Gurmel Singh, that they should finish off Pirthi Singh.
The attempt of Dr. Pasricha to help the defence was castigated by the learned Sessions Judge and the High Court and we entirely agree with the learned Sessions Judge and the High Court in the remarks which they made about Dr. Pasricha.
Pirthi Singh and Harmel Singh who were both seriously injured were taken to the Hospital at Giddarbaha by Chhota Singh.
Tehal Singh was armed with a double barreled gun while Darshan Singh and Gurmel Singh were armed the iron rods.
He also argued that the dying declaration was number recorded in the words of the deceased but in his own way by Kulwant Singh and therefore, it was number entitled to any weight.
When they returned, the Sub Inspector was busy preparing Panchanamas etc.
The companyvictions and the sentences passed on the appellants were companyfirmed.
Hardip Singh and others who had companye there after the occurrence.
Chiman Lal and Murari Lal who were also tried with the three appellants for an offence under Section 302 read with Section 120B of the Indian Penal Code were acquitted by the learned Sessions Judge, There was numberappeal to the High Court against their acquittal.
On 22nd August, 1976, Pirthi Singh, his brother Harmel Singh.
The plea of the accused was one of total denial.
He, therefore, acquitted Chiman Lal and Murari Lal and companyvicted Tehal Singh, Darshan Singh and Gurmel Singh as mentioned earlier.
From the certificates appended at the foot of the statement of Harmel Singh and from the evidence of Kul want Singh we do number have the slightest hesitation in holding that Harmel Singh was in a position to make the statement attributed to him.
One of them was armed with a gun, the other two were armed with iron rods.
It was 10.15 p.m. when Harmel Singh was taken to the Hospital.
He submitted that the very wealth of detail companytained in the dying declaration gave an indication that it was number the statement of the dying man.
The statements made by him are companytradicted by the certificate appended by him at the foot of Harmel Singhs statement that the statement was recorded in his presence and that Harmel Singh remained in full possession of senses throughout.
It cannot, therefore, be said that there was any delay in the examination of Hardip Singh and Chhota Singh by the Police.
Mithu Singh tried to intervene when Tehal Singh shot at him and killed him instantaneously.
This statement of Dr. Pasricha is obviously false since Daulat Ram was number in Giddarbaha at all at that time and Baldev Singh came to the Hospital after Harmel Singh had been removed to Bhatinda.
Tehal Singh, Darshan Singh and Gurmel Singh have appealed to this Court by special leave.
Straight way Darshan Singh challenged Pirthi Singh and said he would be taught a lesson.
One of them challenged the deceased.
The statement was recorded in the presence of Dr. Pasri cha who appended a certificate to the effect that the statement was recorded in his presence and that Harmel Singh was in full possession of his senses throughout, The statement was sent to the Police Station Kot Bhai where the First Information Report was registered.
On the advice of Dr. Pasricha Harmel Singh was taken to the Civil Hospital, Bhatinda for better treatment.
Among the persons who went to Bhatinda with Harmel Singh were Hardip Singh and Chhota Singh.
and as soon as he finished preparation of Panchanamas he examined the two witnesses.
Pirthi Singh surrendered himself before the Magistrate along with a.16 bore gun on 25th August, 1976.
In this appeal by special leave Dr. Chitaley learned Counsel for the appellants argued that the dying declaration was a later fabrication, brought into existence after the arrival of Baldev Singh on the scene.
Harmel Singh was taken to Bhatinda Hospital at 11 p.m. i.e. immediately after the statement was recorded.
Dr. Pasricha, the Medical Officer In charge of the Hospital sent a report to the Police Post at 10.20 p.m. Kulwant Singh, Head Constable who was in charge of the police post reached the Hospital at 10.40 p. m. and after enquiring whether Harmel Singh was in a fit companydition to make a statement, he proceeded to record the statement of Harmel Singh.
They were, therefore number available for examination by the Head Constable.
He also stated that while the statement was recorded by the Head Constable he went to his office for 10 or 15 minutes in order to prepare some papers.
Chhota Singh, Hardip Singh and others took Harmel Singh to Bhatinda but before they reached Bhatinda Harmel Singh died at about 1.30 A.M. Chhota Singh and Hardip Singh returned to Giddarbaha at about 6 A. M. Meanwhile Baldev Singh, Sub Inspector of Police, Kot Bhai arranged to despatch the First Information Report to the Judicial Magistrate.
The post mortem examination over the body of Harmel Singh revealed four lacerated wounds which were caused by blunt weapon and three pellet wounds.
He invited our attention to the evidence of the Medical Officer and urged that Harmel Singh would number have been in a position to make the statement attributed to him.
The Judicial Magistrate received the report at 6.45 A. M. Bal dev Singh reached the Hospital at about 1.45 A.M. and took over the investigation from Kulwant Singh.
Chinnappa Reddy, J. Tehal Singh was companyvicted under Section 302, Indian Penal Code on three companynts and sentenced to death by the learned Sessions Judge, Faridkot.
The High Court was further of the view that the evidence of Chhota Singh in regard to the main occurrence was also acceptable.
The learned Sessions Judge accepted the evidence of Hardip Singh and the dying declaration but was number prepared to act upon the evidence of Chhota Singh.
In regard to the evidence of Hardip Singh, Dr. Chitaley submitted that he was a child witness and, therefore, his evidence companyld number be readily accepted without companyroboration.
The post mortem examination over the body of Pirthi Singh revealed one gun shot wound and five companytusions.
Within a few minutes after Chhota Singh informed Pirthi Singh and others about the companyversation at Chiman Lals agency, Tehal Singh, Darshan Singh and Gur mel Singh arrived at Parma Nands agency in a truck.
It was also number entitled to weight as it was number made in expectation of death.
Ha examined Chhota Singh and Hardip Singh next morning at 9 a. m. and 10 a.m. After companypleting the investigation a charge sheet was laid against the five accused persons.
