Dr. Prem Nath P.W. 1 has categorically stated in his cross examination that so far as the punctured wounds are companycerned, they companyld number have been caused by ghop which was shown to him.
After usual investigation, the police submitted a charge sheet as a result of which the accused were companymitted to the Court of Session and tried by the learned Additional Sessions Judge.
Barnala as indicated above.
As it happened, however, the prayer for bail of Bashir Ahmed was rejected by the Magistrate at Phul who remanded him for another four days.
According to prosecution, Pal Singh a villager of Bhadaur and an acquaintance of Jit Singh informed him that Bashir Ahmed who was known to the deceased was being prosecuted in an opium case and had requested Jit Singh to arrange for his bail.
I.P.C. and sentenced to imprisonment for life, whereas other two appellants Mukhtiar Singh and Amar Singh have been companyvicted under Section 302/34.
This is what seems to be suggested by the prosecution.
The companypanions of the deceased on seeing the occurrence raised a hue and cry as a result of which the accused fled away and some of whom even tried to chase Gurdev Singh and Pal Singh who companycealed themselves and later reached Bhadaur by a side track.
The appellants along with five others were prosecuted for the offence of murdering Jit Singh deceased and a charge under Section 302/149, I.P.C. and a number of other charges were framed against them.
The party of these persons proceeded by bus from village Bhadaur to Phul.
Jit Singh accordingly took his brother in law P.W. Ajaib Singh and P.W. Pal Singh who had given him the information and Gurdev Singh with him to Phul where Ba shir Ahmed was to be produced before the Magistrate on July 20,1970.
This appears to have been the motive for Sarwan Singh to wreak vengeance on the deceased.
Thereafter Aiaib Singh rushed to the police station at Dialpura which is situated at a distance of 21/2 miles from the village Salabatpura and lodged the First Information Report at 3 P. M. narrating the entire occurrence.
The other accused also assaulted the deceased on various parts of his body with their weapons like gandasas, ghops, lathis etc.
The accused persons appear to have got down from a car the moment the companyplainants party alighted from the bus which seems to indicate that the accused persons were aware that the deceased was bound to get down at Salabatpura in order to catch another bus for Bhadaur and as the accused Sarwan Singh had a liquor vend at Salabatpura he found it companyvenient to lie in wait in this village in order to attack the deceased.
The prosecution case may be summarized as follows The appellant Sarwan Singh along with some other persons had obtained a license for sale of companyntry liquor in village Bhadaur and the deceased Jit Singh was also one of the partners in that business.
2 a of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970 and is directed against the order of the High Court of Punjab and Haryana by which the appellant Sarwan Singh has been companyvicted under Section 302.
The deceased and his party, therefore, returned disappointed and on their way to Bhadaur they alighted from the bus at Salabatpura at about 2 P. M. It may be numbered that there does number appear to have been any direct bus service between Bhadaur and Phul and for any person going from Phul to Bhadaur had to change at Salabatpura for another bus.
The State of Punjab filed an appeal before the High Court against the order of acquittal passed by the trial Court and after hearing the appeal, the High Court maintained the acquittal of the five accused other than the appellants.
During the companyrse of investigation, recoveries of takwa, gandasa and ghop appear to have been made at the instance of some of the accused.
Gurdev Singh was to give surety and perhaps Jit Singh and Pal Singh were to be witnesses if the bail was granted to Bashir Ahmed.
As regards the appellants, the High Court reversed the order of acquittal passed in their favour by the Additional Sessions Judge and found that the prosecution case against them had been proved beyond reasonable doubt and it accordingly companyvicted the appellants and sentenced them as indicated aforesaid.
Murtaza Fazal Ali, J. This is an appeal by Sarwan Singh, Mukhtiar Singh and Amar Singh under 3.
Barnala who rejected the prosecution case in its entirety and acquitted all the accused persons of the charges framed against them.
All the accused were tried by the Additional Sessions Judge.
To resume the narrative of the prosecution case when the deceased and his two companypanions alighted from the bus they were surrounded by the eight accused persons variously armed, out of whom the appellant Amar Singh pulled the hair of Jit Singh and felled him and thereafter Sarwan Singh who was armed with takwa axe gave a blow on his hand.
I.P.C. and given the same sentence.
Soon after recording the F.I.R. the Sub Inspector along with some of his assistants set out for the place of occurrence for making investigation.
