A large number of witnesses who claimed to have seen the incident resiled from their statements and it would appear that Darbara Singh came forward a month after the incident to support a dying cause.
This appeal by special leave is directed against that judgment.
That sparked off a quarrel during which Shisha Singh and Didar Singh are alleged to have held Japan Singh.
The appellant, along with Shisha Singh and Didar Singh, was tried by the learned Additional Sessions Judge, Jindh, under Section 304 read with Section 34 of the Penal Code for causing the death of Japan Singh.
Superintendent of Police, went to Danauli on August 5 for verifying the statements recorded by A. S. I. Raj Singh and A. S. I. Rameshwar Dayal.
In his statement before the Dy.
The case depends for its success on the evidence of a witness called Darbara Singh PW 1 .
Krishna Chandra Katyal, the Dy.
In appeal, the High Court of Punjab and Haryana acquitted Didar Singh, but companyfirmed the companyviction of the appellant under Section 304 Part I. The High Court, however, reduced the sentence of the appellant to rigorous imprisonment for a period of seven years and maintained the sentence of fine.
Superintendent of Police, Darbara Singh did number involve Shisha Singh at all and limited his story to the implication of the appellant and Didar Singh.
Superintendent of Police or else, he companyld number have failed to question an important witness like Darbara Singh.
He verified the statements of various witnesses soon after his arrival in Danauli but he companytacted Darbara Singh nearly a month later on September 4.
That shows that Darbara Singhs statement was number recorded by the investigating officer before the arrival of the Dy.
The appellant was sentenced to suffer rigorous imprisonment for 10 years and to pay to fine of Rs.
V. Chandrachud, J. The appellant Chuhar Singh suspected that the deceased Japan Singh had companymitted theft of some parts of his tubewell.
On August 3, 1972 at about 5 p.m. the appellant asked Japan Singh to take a special oath denying the theft.
