According to the trial Judge the appellant for this reason bore a grudge against the deceased.
Gurdial Singh, in addition, owns two taxis which he runs on hire.
The statement of Gurdial Singh, father of the deceased was also recorded there at about 7.20 p.m. Jagat Singh, A.S.I. brought Shri Sukhdev Singh, P.C.S., Judicial Magistrate, First Class, to the Hospital at about 7.30 p.m The dying declaration was, however, recorded at about 8.30 P.m.
The appellant came from the side of the railway station and fired at the deceased five shots from his pistol.
This argument was, however, number seriously persisted in and was companyntered by the respondents on the authority of the decision in Sarup Singh v. State of Punjab .
From there they went to the Civil Hospital and then they proceeded to C.M.C. Hospital at about 6 30 p.m. On enquiry they were informed that Kulwant Singh had been admitted there as an indoor patient.
Appeal by special leave from the judgment and order dated July 23, 1969 of the Punjab and Haryana High Court in Criminal Appeal No.
When the police officer receiving the telephone message made further enquiries from him he disconnected the telephone.
The father and the son used to live together in Model Town.
because Kulwant Singh was number found to be in a fit state of health to make the statement earlier.
244 cf 1969.
302 of 1969 and Murder Reference No.
That statement was forwarded to the police station, City Kotwali for registration of the case under s. 307, I.P.C. Exhibit PM was also attested by Dr. Sandhu, House Surgeon.
Sher Singh P.W. 9 was standing close to the Takhat posh.
The persons present there raised art ,alarm, shouting Dont kill dont kill.
The trial companyrt companyvicted the accused under s. 302, I.P.C. and imposed capital sentence.
PZ filed by Gurdial Singh in the companyrt Of Shri Mewa Singh, Magistrate, for expeditious disposal of the companymitment proceedings.
PH 13 prepared by Dr. E. Pothan who was in the Surgical Ward where Kulwant Singh was lying.
The appellant, after firing the shots, briskly walked back towards the railway station.
PM was also recorded by him at about 6.50 p.m. in that ward and the same after being read out by him was thumb marked by Kulwant Singh as token of its companyrectness.
It is number disputed that on August 13, 1968 the appellant Tapinder Singh, a business man and a Municipal Commissioner, had lodged a first information report Ex.
Kulwant Singh, deceased, who had been arrested pursuant to that report, in a case under s. 307/ 324, I.P.C., was actually on bail on the date of the occurrence.
While endeavoring to ward off with his right hand the knife blow by Kulwant Singh the appellants right hand palm got wounded and started bleeding, Just at that moment Gurmel Singh, Sarpanch and Shamsher Singh, Lambardar, happened to pass that way in a car.
Hari Singh deputed Assistant Sub Inspector, Jagat Singh to arrange for a Magistrate for recording Kulwant Singhs dying declaration in the hospital.
The circumstantial evidence, including that of the recovery of blood stained earth from the place of occurrence, the recovery of blood stained clothes of the deceased, the fact of the accused having absconded and the recovery of the pistol and cartridges were also held to companyroborate the prosecution story.
The suggestion made that Tapinder Singh has been roped in on suspicion in number companyrect because implicit in such an argument is the suggestion that the crime was companymitted by somebody else.
This report was entered in the daily diary at 5.35 p.m. The Assistant Sub Inspector, Hari Singh, along with Assistant Sub Inspectors Amrik Singh, Jagat Singh and Brahm Dev and companystables Prakash ,Singh, Harbhajan Singh and Harbans Lal, left the police station in a government jeep for the Taxi Stand, Ludhiana near Jagraon Bus Stand on the Grand Trunk Road, about a furlong and a half away from the City Kotwali Police Station.
The ,deceased who was bleeding profusely was taken in the taxi by Gurdial Singh, his father and Hamek Singh, the driver, to Dayanand Hospital where they were advised to take the injured to Browns Hospital because his companydition was serious.
Pursuant to this report admittedly a criminal case was pending against the deceased when the occurrence in question took place.
The statement of Kulwant Singh Ex.
The three eye witnesses Gurdial Singh, P.W. 7 , Hamek Singh P.W. 8 and Sher Singh P.W. 9 were held to have given a true and companyrect account of the occurrence and being witnesses whose presence at the place of occurrence was natural their evidence, was companysidered trustworthy, which fully proved the case against the accused.
Nur ud din Ahmad and R. L. Kohli, for the appellant.
Gurdial Singh is also a share holder of this Company.
Hari Singh went upstairs in the Surgical Ward and obtained the report Ex.
According to the companynsel, the information in regard to the offence had already been companyveyed to the police by means of a telephone message and the police had actually statrted investigation on the basis of that information.
The dying declaration was also found to be free from infirmity and being categorical and natural the companyrt companysidered it sufficient by itself to sustain the companyviction.
that the appellant suspected illicit intimacy between his wife and the deceased who was married to her elder sister.
The place of the occurrence does number admit of any doubt because there is good deal of evidence on the record that blood was recovered from where the Takhat posh was kept by GurJial Singh and there is numbersuggestion that the blood was found from anywhere else.
The workshop, the office and the taxi stand of this Company are located in Sarai Bansidhar which faces the clock tower.
The trial companyrt also took into companysideration the allegations company the companyrse of the companymittal proceedings in the companyrt of Shri Mewa Singh, Magistrate, on November 20, 1968 to the effect, inter alia, tained in an application presented by Gurdial Singh W. 7 in that an attempt was being made on behalf of the accused to tamper with the prosecution witnesses.
The person, giving the information on telephone, did number disclose his identity number did he give any further particulars.
Harnek Singh, the driver of one of the taxis and Gurdial Singh were also present.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
PH 13 first information report was registered and the appellant companymitted to stand his trial for an offence under S. 302, I.P.C. The learned Additional Sessions Judge, believing Gurdial Singh P.W. 7 , Sukhdev Singh, Judicial Magistrate p.W. 10 and Mukhtiar Singh, H. C. P.W. 6 held proved the motive for the crime viz.,
He also owns two private cars which are used both for personal requirements and as taxis.
On August 8, 1968 at about 4.45 p.m. the deceased was sitting on a Takhat posh at the Taxi Stand.
He started with an attack on the I.R. based on the dying declaration.
his Sandhu his wifes sisters husband and one Ajit Singh, alleging that on the pretext of companysulting him they had taken him in their car to the canal near the Agricultural College an after getting down from the car, when they had walked about 150 paces on the banks of the canal, the deceased Kulwant Singh, saying that he would teach the appellant a lesson, whipped out a clasp knife and attacked him.
25 of 1969.
As it was rumored at the place of the occurrence that the appellant Tapinder Singh had shot at the deceased, Hari Singh deputed Amrik Singh and Brahm Dev to search for him.
The deceased made more than one dying declaration and we are satisfied that they were number induced and that the deceased gave a companyrect version of the incident.
It is in evidence that some person had telephoned to the City Kotwali, Ludhiana on the day of the occurrence at about 5 30 p.m. informing the police authorities that firing had taken place at ax Stand, Ludhiana.
The appellant raised alarm and tried to run away.
According to the prosecution Gurdial Singh W. 7 , father of the deceased Kulwant Singh is employed, as Works Manager in the, Ludhiana Transport Company, which is a private companycern and which plies buses on different routes in Ludhiana District.
The two taxis used to remain at the Taxi Stand about 100 yards away from the clock tower whereas the other two cars used to be parked at Gurdial Singhs business premises.
Pursuant to Ex.
PR with the police station, Sadar, Ludhiana against Kulwant Singh, deceased whom he described as.
The trial companyrt and the High Court have both believed the three eye witnesses and have also relied on the dying declaration.
It being a Sunday the shops in the neighborhood were closed.
Ajit Singh also shouted that the appellant should number be allowed to escape.
Consequently, we uphold the companyviction and sentence imposed upon Tapinder Singh.
The deceased used to look after these four vehicles.
Frank Anthony, S. R. Agarwal and E. C. Agarwala, for respondent No.
Our attention was drawn by the respondents to the application dated November 20, 1968 Ex.
After receiving three shots the deceased dropped down and the remaining two shots hit him when he was lying.
The occurrence is stated to have taken place on Sunday October 8, 1968 at about 4.45 p.m. near the clock tower in Ludhiana City.
The Judgment of the Court was delivered by Dua, J. In this appeal by special leave the appellant challenges his companyviction and sentence under s. 302, I.P.C. for the murder of his brother in law husband of his wifes sister .
They stopped the car.
N. Sachthev, for respondent No.
Omission on the part of the prosecution to produce a ballistic export was companysidered to be immaterial and it was held number to weaken or cast a doubt on the prosecution case because the oral evidence of eye witnesses to the companymission of the offence impressed the companyrt to be trustworthy and acceptable.
The telephone message was received by Hari Singh, A.S.I., Police Station, City Kotwali at 5 35 p.m. on September 8, 1969.
From there Hari Singh learnt that the injured man had been removed by some persons to Dayanand Hospital.
At the taxi stand there was at that time only one taxi belonging to Gurdial Singh.
It was broad day light, the assailant must have been identified and companysequently we are satisfied that the offence has been fully brought home to the appellant.
Kulwant Singh died at the operation theatre the same midnight.
Hari Singh himself, along with.sub Inspector Jagat Singh and the police companystables left for Dayanand Hospital.
In the meantime Kulwant Singh and Ajit, Singh got into, their car and went away.
