The pistol and the five cartridges, live and spent, were examined by Dr. B.R. Sharma a Ballistic expert.
In the Committal Court, the prosecution examined all the eye witnesses whom we have already named and Sham Singh and Kehar Singh who were witnesses of the search.
At the site of the offence, the police had found three spent .12 bore cartridges.
In the Court of Session, the eye witnesses changed their version and deposed against the accused supporting the entire prosecution case.
He fired a second shot at the others, this time wounding Khushia, Inder Singh and Resham Singh.
Mohinder Singh then fired a third shot and wounded two others Sulakhan Singh and Narain Singh who were number with the first party of the Mazhbis but were immediately behind them.
Mohinder Singh, who is a jat, had companytracted illicit intimacy with one Mst.
Thereafter, Mohinder Singh and his companypanions ran away.
4 of 1961 decided on February 17, 1961.
Originally, three others were tried with him but they were acquitted by the Court of Session.
The other eye witnesses did number name him at all, stating that after receiving their injuries, they fell down unconscious and did number see anything.
The prosecution also produced documents mentioned in Section 173 of the Criminal Procedure Code relative to the crime.
The learned Sessions Judge of Ferozepore accepted the prosecution case against Mohinder Singh and companyvicting him under Section 302 of the Indian Penal Code sentenced him to death.
The appellant Mohinder Singh has been companyvicted under Section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life.
They were cross examined by the accused with reference to their earlier statements in the companymittal companyrt and they stated that they had deposed as they had done because of fear of the accused.
19 of 1961 and Murder Reference No.
He did number accept the prosecution case against the other accused and ordered their acquittal.
On the precincts of the locality some Mazhbis Dula Singh, Hazara Singh, Resham Singh, Inder Singh and Khushia accosted him.
The High Court agreed with the Sessions Judge but altered the sentences as already stated.
The High Court having refused certificate, the present appeal was filed by special leave.
The incident took place at about 7 P. M. and a report was made to the police the next morning at 6 A.M. Mohinder Singh was arrested on, April 17, 1960 but his three companypanions were arrested a day earlier.
These persons did number object to Mohinder Singh as such but only insisted that he should marry Mst.
As a result of this statement, the police recovered 1 feet below the surface of the ground a companyton bag which companytained a .12 bore pistol and 2 twelve bore cartridges one of which had misfired and bore the mark of the firing pin.
Mohinder Singh challenged them to stop him and drawing a companyntry made pistol fired at Dula Singh who dropped down dead.
Puro and make the companynection legal.
He used to visit her at her house and this was resented by the other Mazhbis including some of her relations.
The case of the prosecution is that on April 12, 1960, in the evening, Mohinder Singh, riding a mare, was on his way to the locality of the Mazhbis and was accompanied by the other three original accused who have since been acquitted.
Puro a Mazhbi woman who was abandoned by her husband.
He deposed that the spent cartridges as also the cartridge which had misfired were from the same pistol and that pistol was the one found on the statement of Mohinder Singh.
Mohinder Singh was sentenced by the Court of Session to death, but on appeal the High Court altered the sentence to one of rigorous imprisonment for life.
On April 26, 1960, Mohinder Singh made a statement to the police as follows I having put my companyntry made 12 bore pistol and two cartridges in a bag, have companycealed in the Sitas, on the right side of Bakki road, at Bridge Raj Ba Thandewala and I can get the same recovered on pointing out.
This Mohinder Singh was unwilling to do, because he was of a higher status.
The learned Magistrate relying upon the evidence such as it was held that there was a prima facie case against the accused which ought to be tried by that Court of Session and companymitted them.
The latter were cross examined by the prosecution on the basis of the statements made to the police they denied that they had been won over by the accused.
Hidayatullah, J. This is an appeal by special leave against the judgment of the High Court of Punjab in Criminal Appeal No.
This statement was made in the presence of Sham Singh and Kehar Singh and they duly proved it in companyrt.
