Gian Singh and Zora Singh were removed to a Hospital in Ludhiana, where Gian Singh died at 5.45 a.m. The companydition of Gian Singh, which was number such as to enable him to make a dying declaration, was described as follows P. was number recordable.
There was 8x4 wound on the left side of the neck cutting deep to the muscles.
The Trial Court had also companysidered it unsafe to rely upon the sole testimony the Investigating Officer on this question when other witnesses of the.
All of them also lived together in village Dhandri Kalan.
2,000/ , and, in default of payment of fine, to undergo further rigorous imprisonment for two years under Sections 307/34 I.P.C. The occurrence which gave rise to the prosecution of the two respondents together with two others, Milkiat Singh and Dalip Singh, who were acquitted by the Trial Court, took place during the night between 18th and 19th June, 1969.
Zora Singh who survived had the following injuries An incised wound 3x1/2x2 1/2 on the inner side of left hand and was cutting the 5th and 4th matacarpals companypletely.
Both the weapons were proved to be stained with human blood.
The trachea was cut almost through and through and be was breathing through the hole of the trachea.
All the four assailants then gave blows to the deceased and Zora Singh who had cried out Marditta Marditta.
The respondents and the acquitted accused persons are brothers who also lived in village Dhandri Kalan in District Ludhiana.
Appeal by special leave from the judgment and order dated the 17th June, 1970 of the Punjab and Haryana High Court at Chandigarh in Criminal Appeal No.258 of 1970.
It is said that there had been a fight between Hari Singh, respondent, and Gian Singh deceased in 1968 which had been settled by the Panchayat.
After that, Gian Singh and Zora Singh went to sleep a few feet from each other at their tubewell while Bachan Singh and Surjit Singh are said to have stayed on at the sugarcane field nearby.
recovery were number produced for some unexplained reason.
As the recovery was shown to have taken place 4 days after the arrest of the respondents, the Trial Court thought that it must have resulted from the use of 3rd degree methods during the interrogation of the accused.
At about mid night, Zora Singh is said to have got up to urinate, and to have just laid himself down on his company after urinating.
when he saw the respondents and Milkiat Singh and Dalip Singh Arrive.
with their weapons.
Jagjit Singh and Mukhtiar Singh, by show of force, were said to have carried away some toori in a cart to their house against the wishes of Hari Singh, respondent, and another person in his companypany.
Hyoid bone was lying exposed in the wound.
This, however, is immaterial if the alleged eye witnesses of the occurrence companyld be relied upon to establish the prosecution case.
The Trial Court had companyvicted the respondents under each of these two sections and sentenced Hari Singh to death under Section 302 Indian Penal Code and Gian Singh to life imprisonment under sections 302/34 I.P.C., and it had sentenced both to six years rigorous imprisonment and to pay a fine of Rs.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Nuruddin Ahmed and U. P. Singh, for the respondents.
Un doubtedly, the motive disclosed was number be strong enough for a murderous assault of a rather brutal kind on Gian Singh and Zora Singh.
Incised wound 1/2x 1/6x flesh deep on the inner side of left wrist.
Pulse 60/mt.
The victims, Gian Singh, deceased, and his nephew, Zora Singh, P.W. 3, cultivated lands jointly with Bachan Singh, W. 5, his son Mukhtiar Singh, his two brothers Gian Singh and Sarwan Singh, and, Surjit Singh, P.W. 4, and Jagjit Singh, the brothers of Zora Singh and sons of Sarwan Singh.
Hari Singh is said to have struck his kirpan on the neck of Gian Singh, deceased, and Milkiat Singh is said to have struck Zora Singh on the right arm with his Gandasa, whereupon Zora Singh raised an alarm.
Harbans Singh, for the appellant.
213 of 1970.
The whole question before the Courts was whether the three alleged eye witnesses, Zora Singh, P.W. 3, and Surjit Singh, P.W. 4, and Bachan Singh, P.W. 5, who are related to each other and the victims, as stated above companyld be relied upon, when companyroborated by other facts and circumstances which may appear in the case, to sustain the companyviction, The prosecution case was that Gian Singh and Zora Singh had gone to their field for watering their sugarcane crop in it on the evening of 18th June, 1969.
At about 9 p.m. Bachan Singh, P.W. 5, and Surjit Singh, P.W. 4, are said to have carried the meals for Gian, Singh and Zora Singh, who were at their field situated about 100 karams nearly 100 paces away from their tubewell, which was, as is usual, lit up by electric light.
Penal Code.
Could number feel the left carotid artery.
The Judgment of the Court was delivered by BEG, J. The State of Panjab ha companytained special leave to appeal against the judgment of the High Court of Punjab and Haryana, acquitting the two respondents from charges under Sections 302 and 302/34 Indian Penal Code and under Sections 307/34 Indian.
It had number relied upon the alleged recoveries by Hardit Singh, Sub Inspector, P.W.8, of a kirpan on 28th June, 1969, from a straw bin at a tube well at the instance of Hari Singh and a gandasa on the roof of a tubewell at the instance of Gian Singh.
No bleeding was present when patient was brought to the hospital.
The Trial Court, on the other hand, which had the additional advantage of seeing the witnesses depose in the witness box, was impressed by the evidence of the, three alleged eye witnesses and had companyvicted the respondents.
They found Zora Singh unconscious when they came near him.
Bachan Singh, P.W. 4, and Surjit Singh, P.W. 4, rushed to their, aid and alleged having seen the attack and the assailants running away.
Pupils companystricted, Reacting Slugishly to light.
fuble, unconscious, Gasping cynotic.
