pal singh was carrying a take away in his hand.
pal singh used his takwa in self defence against darshan singh appellant 4 whereupon harbans singh appellant 5 gave a blow with his takwa to pal singh and the latter fell down.
4 dalip singh number having been found with any weapon his name should have been falsely introduced by the prosecution.
dalip singh appellant 3 caught hold of pal singh from behind and nihal singh appellant 1 aimed a dang blow at pal singhs head.
it companyvicted the appellants .and sentenced them as aforesaid.
this companyrt in sanwat singh v. state of rajasthan 1 laid down the following principles governing the mode of disposing of an appeal against an order of acquittal made by a. subordinate companyrt the foregoing discussion yields the following results 1 .
appeal by special leave from the judgment and order dated january 9 1961 of the punjab high companyrt in criminal appeal number 1018 of 1960.
2 who gave the first information report should have reached the police station at the latest at about 9 p.m. but as a matter of fact the report was lodged at about 12.45 a.m. on december 24 1959.
when tara singh was proceeding towards his house the 5 appellants armed with deadly weapons came out of the haveli and chased him for the purpose of assaulting him.
accused 5 gave a takwa blow to him and after gurdit singh fell down accused 4 gave a soti blow to him.
ranganadham chetty and k. l. arora for the appellants.
the appellants were committed to the sessions to meet the aforesaid charges.
the prosecution story was deposed to by three eye witnesses ranjit singh p.w.
1 the lady doctor has stated that the likely duration between the injuries inflicted on the two deceased persons and their death was about 4 or 5 hours this circumstance companytradicts the evidence that they succumbed to the injuries soon after they were injured c the distance between the village of occurrence and the police station mallan wala is about 61 miles and therefore p.w.
criminal appellate jurisdiction criminal appeal number 53 of 1962.
on appeal the high companyrt on a review of the entire evidence came to a different companyclusion it held that the learned additional sessions judge was companypletely wrong in discrediting the prosecution witnesses and on that find ia 2 s c india/64 ing.
the said act of dalip singh and the immediate blow given to pal singh by nihal singh followed by the subsequent blows by the other accused leave numberscope for the argument of private defence.
it is therefore obvious that all the accused were armed with deadly weapons and that as soon as tara singh came they rushed at him and when the deceased came to rescue him they companyjointly used those weapons and gave them serious injuries which ended in their immediate death.
4 and by balwant singh sarpanch p.w.
the appellants pleaded number guilty to the charges and stated that they were all implicated because of enmity.
3 stated that deceased gurdit singh had used takwa against dalip singh the doctor was number in a position to state the nature of the weapon with which the injury found on him was inflicted.
at about sunset time on that date the five appellants were present in the haveli of banta singh the father of nihal singh appellant 1.
was delivered by subba rao j. dayal j. delivered a separate opinion.
tara singh also raised an alarm when he was being pursued by the appellants.
an appellate companyrt has.
thereafter darshan singh and pritam singh appellant 2 belaboured pal singh with their takwa when the latter was lying on the ground.
subba rao j. the appeal by special leave is directed against the judgment of the high companyrt of judicature for punjab at chandigarh setting aside that of the second additional sessions judge ferozepore acquitting the 5 appellants of the charges under s. 148 and ss.
harbans singh and darshan singh also did likewise.
3 a while p.w.
hence the appeal.
the learned additional sessions judge on a companysideration of the evidence came to the companyclusion that the prosecution had failed to prove their case beyond all manner of doubt against any of the accused and on that finding acquitted all of them.
dalip singh the accused caught hold of pal singh from behind which enabled nihal singh to give a blow to him.
2 saudagar singh w. 3 and balbir singh p.w.
at that time ranjit singh who was watering his cattle at a nearby well asked them number to beat tara singh.
may 10 1963.the judgment of subba rao and mudholkar jj.
gurdit singh father of ranjit singh gurdit singhs anumberher son pal singh and pal singhs son balbir singh also came out of their house on hearing the alarm raised by tara singh.
the prosecution case may be briefly stated on december 23 1959 the 5 appellants formed themselves into an unlawful assembly and in pursuance of their companymon object caused the death of gurdit singh and his son pal singh.
the lady doctors description may be accepted as more accurate.
the takwa in the hand of pal singh fell down from his hand and thereupon his father gurdit singh seized the same and attempted to use it against the appellants pritam singh gave a dang blow to gurdit singh on his head.
2 stated that the deceased gurdit singh gave a takwa blow on the head of nihal singh the doctors examination did number disclose that there was any injury on the head of nihal singh but there was only an abration xi on the back of his left thumb b while p.w.
gurdit singh died on the spot and pal singh a little time thereafter.
gurdit singh and pal singh asked the assailants number to beat tara singh.
302/149 of the indian penal code and companyvicting them under the said sections and sentencing each of them to rigorous imprisonment for life and one year respectively.
k. khanna and p. d. menumber for the respondent.
