The injury was bandaged with the turbans of the deceased and Ujagar Singh and he was taken to the police Station, Afzalgarh, where a first information report was lodged by Major Singh at 12.45 P.M. The police sent him to the hospital at Sherkot where Dr. Yogendra Pal PW 4 in the Committing Court examined him.
Ke 8 was recorded at 9.30 P.M. by the Tahsildar Magistrate, Shri Balbir Singh W. 1 .
When Bakhsheesh Singh had hardly gone a distance of about 20 or 25 paces from his house, the five appellants accosted him, Baldeo Singh was armed with a spear and Gurbachan Singh with a gandasa and the three other appellants were armed with lathis.
When for the second time Major Singh tried to assault him with the karauli in struck Bakhsheesh Singh.
According to Chain Singh he and Gurbachan Singh were grazing their cattle by the side of the canal when one Sardar Singh and Bakhsheesh Singh came there.
There was litigation between Gurbachan Singh and Major Singh in respect of this land.
Major Singh had purchased some land in their village Paivandkheri from one Sohan Singh and Gurbachan Singh was in unlawful possession of over 15 to 16 bighas of the said land.
Appeal by special leave from the judgment and order dated the 29th August, 1960 of the Allahabad High Court in Criminal Appeal No.
As his companydition was serious, a dying declaration Ex.
It appears that Gurbachan Singh and Chain Singh had some Simple injuries on their person but they did number report to the police number were they examined by Dr. K. C. Gupta D. W. 4 earlier than September 20, 1964, at 4.00 P. M. The defence plea is an absolute denial by Bhajan Singh, Baldeo Singh and Jagat Singh while Chain Singh and Gurbachan Singh gave a different version of the occurrence.
Thereafter the appellants ran away.
According to the Doctor death was due to shock and haemorrhage from the injuries.
Baldev Singh then give a ,spear blow to Bakhsheesh Singh, Gurbachan Singh gave him a gandasa blow on the head and Chain Singh beat him with his lathi.
gested to him that, they should go to the Patwari and settle the matter to which Bhajan Singh agreed.
Bakhsheesh Singh abused them and there was grappling with him.
Thereafter Major Singh and his father Ujagar Singh asked Bhajan Singh to give up possession over the land purchased by Major Singh and, on the day before the occurrence, su.
Bakhsheesh Singh was injured in the abdomen and his intestines came out.
The occurrence was witnessed by Ujagar Singh P.W. 3 , Major Singh P.W. 2 and Jogendar Kaur, widow of the deceased W. 4 and Sadhu Singh, Sardari Singh and Prakash Singh, who were servants of Ujagar Singh.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
From there he was taken to the District Hospital, Bijnor.
The accused must be able to make out an extraordinary case of gross and palpable injustice to induce us to take a companytrary view from that arrived at by the High Court in this case.
Major Singh came from behind with a karauli and gave him a blow with it.
According to Gurbachan Singh he tried to intervene and received lathi blows from Sardar Singh.
10 of 1970.
P. Uniyal and O. P. Rana, for the respondent.
Special leave was refused to Baldev Singh and Gurbachan Singh.
L. Sarin and R. L. Kohli, for the appellants.
P. C. and sentenced to one and a half years rigorous, imprison ment each.
Bhajan Singh, Chain Singh and Jagat Singh have further been companyvicted under section 147 I. P. C. and sentenced to rigorous imprisonment for one year each ,and the two other appellants have also been companyvicted under section 148 1.
The deceased is Bakhsheesh Singh, who was the brother of Major Singh and a companysin of appellant, Bhajan Singh.
Bakhsheesh Singh died next day, September 18, 1964, in the afternoon.
568 of 1967.
The prosecution relies upon, besides the medical evidence, the evidence of the three eye witnesses as numbered above namely, PW 2, PW 3 and PW 4 and also upon the statement of Sadhu singh recorded in the companyrt of the Committing Magistrate and admitted in the Court of Sessions under section 33 of the Evidence Act as well as upon the dying declaration of Bakhsheesh Singh to establish the charges.
The Judgment of the Court was delivered by Goswami, J. This criminal appeal by special leave is directed against the judgment of the Allahabad High Court affirming the companyviction of the five appellants, Bhajan Singh, Chain Singh, Baldeo Singh Jagat Singh and Gurbachan Singh under section 302/f49 I.P. C. and sentence of imprisonment for life on each of them.
The prosecution case may briefly be stated Chain Singh and Baldeo Singh are sons of Bhajan Singh, Gur bachan Singh is the son of Jagat Singh.
Postmortem examination was performed by Dr. P. P. Agarwal on 19th September, 1964.
Bakhsheesh Singh got down from the cycle and Bhaian Singh caught hold of him and incited the other appellants to beat him.
On September 17, 1964, at about 11.30 A.M. Bakhsheesh started on a cycle for the house of the Patwari with papers in companynection with the disputed land.
Baksheesh Singh requested the appellants to accompany him to the Patwari to settle the dispute, but Jagat Singh said that they would settle it on the spot.
He was followed on foot, by his father, Ujagar Singh and brother Major Singh.
Gurbachan Singh subsequently sold his entire land including the disputed area to Bhajan Singh.
