His clothes were found blood stained and be is alleged to have been inclined to help the prosecution by making the statement which led to the discovery of incriminating articles.
This lathi was blood stained.
1 was caused by sharp edged weapon and the rest by some blunt weapon.
Banta Singh was given pardon and made an approver.
On 2nd December.
He was also asked to partake of the liquor and was told about the plan to murder Gurdev Singh.
It would be companyvenient to state the prosecution case very briefly at the outset.
From the person of Gurdial Singh a blood stained turban was recovered and the information given by him led to the discovery of a stick or lathi.
Accused 1 Harbans Singh and accused 3 Sarwan Singh have companye to this Court in appeal by special leave.
From Banta Singhs person a blood stained chadar was recovered and the information given by him led to the discovery of a kirpan and a toki from a well is which they were thrown after the companymission of the offence.
The case against them was that they, along with Banta Singh, the approver, had intentionally caused the death of Gurdev Singh by infliciting injuries on his person with kirpan, toki and dang on 23rd.
1 companyld have been caused by razor blade is suggested by the Counsel for Sarwan Singh and injuries Nos.
Rakha was accordingly approached and as a result of the negotiations he sold a companyntry made pistol and a cartridge for Rs.
According to the story of the prosecution, Harbans Singh got in touch with his friends Sarwan Singh and Gurdial Singh and requested them to assist him in his plan to get rid of his brother.
40 to Sarwan Singh.
In his cross examination Dr. Singh admitted that injury No.
Then they proceeded on foot until they met Harbans Singh near the canal minor.
Purporting to act on this report, the police reached the spot in the early hours of the next morning and to the investigation companymenced.
November 1955, within the limits of the village Sohian, police station Jagrson.
Sarwan Singh then companyghed and this raised an apprehension in the mind of Gurdev Singh that some people may be lying in wait for him.
On the day of the offence itself, Sarwan Singh, Gurdial Singh and Banta Singh went by a bus together and got down near the road which leads to the village Sohian.
A few days before the companymission of the offence, Harbans Singh and Sarwan Singh were sitting on a canal bank near their village enjoying their drink when Banta Singh joined them.
It is this view which it challenged before us by the two appellants in the present appeals.
The investigating officer recovered from the person of Sarwan Singh a blood stained shirt and chadar and obtained from Sarwan Singhs house a pistol and an empty cartridge on information given by him.
Harbans Singh also arrived on the scene and joined them in the assault.
Harbans Singh was a shirker and a waster and that made Gurdev Singh impatient.
When Gurdev Singh tried to improve Harbans Singh, Harbans Singh resented Gurdev Singhs efforts and hit irritation and annoyance had reached such a stage and exlent that he began to plan his murder.
On appeal to the High Court of Punjab, the order of companyviction and sentence imposed against Harbans Singh and Sarwan Singh was companyfirmed whereas the order of companyviction and sentence against Gurdial Singh was set aside and he was ordered to be acquitted and discharged.
All the three accused deny any companynection with the companymission of the offence.
Thereafter Harbans Singh went to the police station and made a report of the occurrence at about 10.30 p.m. He alleged in his report that his brother had been murdered by the aforesaid four persons of the village of Pone.
It appears that Gurdial Singh himself was on inimical terms with Gurdev Singh because he was angry with Gurdev Singh for having cut jokes with his sister.
Harbans Singh assured him that he would soon join.
The learned trail Judge held that the charge framed against all the three accused had been proved beyond a reasonable doubt.
The prosecution also alleges that, on the information given by Harbans Singh, some blood stained clothes were recovered from Gurdev Kaur sister of Gurdial Singh.
That it why he, companyvicted them of the offence charged and sentenced each one of them to death.
So be called out to his brother Harbans Singh and said that he suspected that there were some people there.
Sarwan Singh, Gurdial Singh and Banta Singh were arrested on 25th November and Harbans Singh on 26th November.
Rakha was also requested to join the companyspiracy.
That in brief is the prosecution case.
Meanwhile, according to plan, the three assailants emerged from their place of companycealment and attacked Gurdev Singh.
Gurdev Singh, the victim of the assault, was the brother of accused 1.
The prosecution case is that Harbans Singh was armed with a kirpan, Gurdial Singh with a lathi, the approver Banta Singh with a toki and Sarwan Singh used a kirpan.
He was however unwilling to respond and though he did number openly say numberto the proposal, at the material lime he refused to join the companyspirators.
2 to 4 companyld have been caused by rubbing against some hard substance.
All this happened on the 25th itself and yet, without any ostensible explanation or justification, Sarwan Singh was kept in police custody until 30th November.
In the result Gurdial Singh was acquitted but the view taken by the learned judges in respect of the prosecution case against Harbans Singh and Sarwan Singh was that the approvers evidence supplied the basis for the prosecution case against them and since it was companyroborated by circumstantial evidence to which reference has already been made and by the companyfession of Sarwan Singh, there was numberdifficulty in companyfirming the order of companyviction and sentence passed against these two accused persons.
Gajendragadkar, J. Harbans Singh, Gurdial Singh and Sarwan Singh were charged in the Court of the learned Additional Sessions Judge at Lodhiana with having companymitted an offence of murder punishable under Section 302, Penal Code.
