dated the 23rd numberember 1949 in criminal appeal number 367 of 1949 upholding the companyviction of the appellant on a charge of murder and confirming a sentence of death passed on him by the sessions judge of ferozepore.
the learned ses sions judge after hearing the prosecution witnesses of whom five were eye witnesses viz.
on the next day while kakarra was going to the police station mal singh the first prosecution witness in the case brought him back telling him that pritam singh had apologized and the matter should number be pursued.
in support of his conclusion he referred to the following facts among others 1 that the first information report had been lodged at the police station without any delay 2 that the names of at least 4 of the alleged eye witnesses were mentioned in the report and 3 that numbersufficient reason had been shown as to why the prosecution witnesses should have companyspired to falsely implicate the accused in a murder case if he had been innumberent.
phoolan mother of the deceased came to the companyclusion in agreement with 4 assessors who were present at the trial that the version given by the prosecu tion witnesses was substantially true.
sethi also put forward the theory which has been discredited by both the companyrts below on grounds which prima facie do number appear to be unreasonable that the occurrence must have taken place late at night that there were probably numbereye witnesses to identify the real assailant and that the appellant had been falsely implicated on account of enmity.
shortly after the occurrence punjab singh and nal singh who had both witnessed the occurrence went to the police station at abohar which is at a distance of 13 miles from the place of occurrence and lodged the first information report regarding the murder.
the appellant thereafter obtained special leave to appeal to this companyrt and mr.
the judgment of the companyrt was delivered by fazl al j. this is an appeal by one pritam singh against the decision of the high companyrt of punjab at simla upholding his companyviction on the charge of murder of one buta singh and companyfirming the sentence of death passed on him by the sessions judge of ferozepore.
in this report punjab singh reported the facts as already stated but he also added that pritam singh was drunk when he fired the gun and his younger brother hakim singh who was also drunk was standing at a short distance from him and shouting kill dont care.
on the 30th december at about 5 p.m. just when buta singh came out of his house pritam singh came up with a double barrelled 12 bore gun and shot him in the abdomen and buta singh died a short time thereafter.
numbere of the other witnesses however supported punjab singh as to the part attributed by him to hakim singh or as to the drunken companydition of the appellant or hakim singh and the police after due investi gation of the case sent up a charge sheet against the appel lant only.
punjab singh his broth er mitta singh mal singh nikka singh brother of singh and mst.
jai gopal sethi h. j. umrigar with him for the appel lant.
buta singh on learning of this incident spoke to pritam singh but finding that his atti tude was uncompromising he advised kakarra to go to the police station to report the matter.
this was an appeal by special leave from a judgment and order of the high companyrt of judicature for the province of east punjab at simla falshaw and soni jj.
the appellant was thereafter put on his trial before the sessions judge of ferozepore.
the high companyrt on appeal agreed with the sessions judge and the learned judge who delivered the judgment of the high companyrt observed as follows in the company cluding part of his judgment i have given the case every consideration and i have companye to the companyclusion that the learned sessions judge was right in holding that the case against the appellant had been proved beyond reasonable doubt.
on the 28th december 1948 pritam singh had made inde cent overtures to one punni wife of kakarra chamar who had been brought into the village by buta singh the deceased about 10 or 12 years ago.
may 5.
the prosecution case which has been found to be substan tially true by both the trial judge and the high companyrt may be shortly stated as follows.
basant kishan khanna advocate general of east punjab m. sikri with him for the respondent.
