He was followed by Jagir Singh, accused, who dealt some gandasa blows on his leg.
The time of the occurrence is number specified except saying that it was in the afternoon.
A short time after, Inder Singh accompanied by his son, Gurnam Singh P. W. 2 and Mohinder Singh P.W. 4 , who also belong to the same village, left for Muktsar to purchase some chemical manure on a permit by the agriculture department.
The petitioners had been placed on trial along with two others, named Harnek Singh and Munshi.
The appellant, Jagir Singh, set up a case of alibi which may best be stated in his own words in his statement under Section 342, Criminal P. C. before the Magistrate who held the inquiry.
Their companyvictions and sentences have been upheld by a Division Bench of the Punjab High Court by its judgment dated 30 6 1954.
Raman Singh, P. W. 6, and Hari Singh, P. W. 7, deposed that they saw the four accused from a distance of 60 or 70 karams standing near the dead body of Inder Singh and that they had gandasas with them.
6 and 7 who were on their way back from Muktsar and were attracted to the scene of the occurrence by the alarm raised by those two witnesses.
Inder Singhs two companypanions, Gurnam Singh and Mohinder Singh aforesaid, raised an alarm but were helpless spectators, who being unarmed, companyld number venture to companye to his rescue.
who were returning from Muktsar, claimed to have seen the last part of the prosecution case, namely, that the four accused were seen making away with the head wrapped in a piece of cloth.
I am innocent.
At the trial Gurnam Singh P. W. 2 and Mohinder Singh P. W. 4 deposed as eye witnesses to the occurrence from beginning to end, whereas Raman Singh P.W. 6 and Hari Singh P. W. 7 deposed to the last part of the prosecution case as having witnessed the occurrence on hearing an alarm from about 100 to 150 yards.
Gurnam Singh P. W. 2 hastened to the police station and lodged the first information report at 5 P. M. the same afternoon, the place of occurrence being numbered as a mile and a half towards the east of the police station.
The companyrts below have discussed the evidence of these four witnesses in great detail and have found it reliable numberwithstanding the fact that Gurnam Singh P. W. 2 , Raman Singh P. W. 6 and Hari Singh P. W.7 are close relations of the deceased.
The prosecution case, shortly stated, is that on 2 9 1953 the two petitioners along with the other two accused, who were acquitted as aforesaid by the High Court, left their village called Sanghu Dhawan, all armed with gandasas and were seen proceeding towards Muktsar town, about three miles away.
I was accompanied by Nar Singh, member village panchayat Gitan Singh, Jalaur Singh Jit Singh were companying to the thana to make the report.
All these four had Been companyvicted and sentenced, as stated above, by the learned Sessions Judge but on appeal, the High Court gave Harnek Singh and Munshi the benefit of the doubt and acquitted them.
at about 2 30 p.m. When I reached the local cinema it started raining.
In the first information report all the four accused persons were named and said to have companyspired to kill Inder Singh.
Further it was stated by the prosecution witnesses aforesaid that while there was life still left in Inder Singh, accused Jagir Singh chopped off their victims head from the body just above the lower jaw and wrapped the head along with the turban in the chaddar of the deceased.
Inder Singh proceeded ahead and the other two were behind him at a short distance.
Raman Singh and Hari Singh P. Ws. ,
I along with other members of our panchayat came to Muktsar that day at 8 a.m. Chief Minister was here that day.
They replied that their father had been killed by an unknown person.
Inder Singh fell down and all the four accused were said to have attacked him with gandasas causing as many as 27 injuries on his person.
In that case two persons were placed on trial on a charge of murder and companyvicted by the trial companyrt.
In this companynection reliance was placed on behalf of the appellants on the recent decision of this Court dated 13 9 1955 unreported in the case of Mohinder Singh v. State of Punjab Since .
I remained there for about 1 1/2 hours and then went to village, when rain stopped.
Head Constable Gurbux Singh and Sadhu Singh of Chak Bir Sarkar met me there.
The case for the prosecution against the appellants rests on the testimony, as already indicated, of P. Ws.
The prosecution version as laid in the first information report is substantially as stated above.
They claim to have seen all the four accused armed with gandasas and Jagir Singh wrapping the head in a piece of cloth.
Mohinder Singh, P. W. 4, gave evidence that Jagir Singh chopped off the head of Inder Singh.
Nar Singh, member Panchayat enquired what the matter was.
Gurcharan Singh, the first appellant, opened the attack with a gandasa blow on his head.
On appeal, the High Court acquitted one of them giving him the benefit of the doubt but maintained the companyviction of the other, as also the sentence of death passed upon him.
I left Muktsar that day after the oath taking ceremony etc.,
Raman Singh stated that the four accused walked away towards Ude Karan.
In my opinion, the evidence given by Raman Singh, P. W. 6, and Hari Singh, P. W. 7, does, number necessarily companynect Harnek Singh and Munshi with the crime.
The defence of the appellants was a denial of their participation in the occurrence and they explained their implication by alleging that they were on inimical terms with the family of the deceased Inder Singh.
Shortly afterwards, S. Bhag Singh, M.L.A. of Bir Sarkar met us.
Sinha, J. This is an appeal by special leave on behalf of two brothers, Gurcharan Singh and Jagir Singh, who have been companyvicted under Section 302, Penal Code and sentenced to transportation for life by the Second Additional Sessions Judge of Ferozepore.
He said I am a member of Sanghu Dhawan panchayat.
2 and 4 who had accompanied the deceased from the village on the journey to Muktsar and P. Ws.
As regards the motive of the crime, it is said in the first information report All the four culprits suspected my father of his having given a secret information against them.
As soon as Inder Singh reached a certain bridge on the way to Muktsar, about a mile from the village, the four accused, who were lying in ambush in a neighbouring bajra field, came out of the field and attacked him.
