Labh Singh, Jamiat Singh, Banta Singh, brother in law of Labh Singh, Harbans Kaur and an unknown person.
p 2 and the instance of Jamiat Sing and Labh Singh appellants respect on 25 10 1968.
At the trial, PW 5, took up the position that these dying declarations were number recorded in his presence, and he omitted this part of the story, perhaps with a view to rule out the possibility of his having influenced the deceased in making the declarations.
The learned Judges of the High Court found, and we think companyrectly, that these reasons were quite hollow.
Secondly, Madan Lal PW had admitted in cross examination that at the time of making the statement Exhibit PU/1 Nasib Singh was number fully companyscious although he was companyscious enough to make that statement.
Thereafter I companylected Panchayat of the village and showed them the spot.
The trial companyrt found that the evidence of all the four categories produced by the prosecution was wholly unworthy of credit.
PU/1 and Ex.
My mother, Mihan Singh jat of village Sahoran and Nasib Singh Jat resident of Khuda, had also reached the spot.
This circumstance indicates two things First, that these statements were made without prompting or tutoring by Gurdev Singh, P.W. 5, or anybody else, and possibly they were made after PW 5 had gone to arrange for companyveyance to remove the injured to the Hospital.
Aggrieved by that order, Labh Singh, Jamiat Singh and Banta Singh have companye in appeal to this Court.
These dying declarations were handed over by the Sarpanch to the Investigating Officer when he reached the spot on the following morning.
The seizure of the blood stained shirts P3 and P 4 from the persons of Labh Singh and Jam iat Singh at the time of their arrest on 17 10 1968.
who stated in categorical terms that Sadhu Singh was in his senses and on being questioned by the Sarpanch P.W. 16 made the statement PW without interruption.
His right elbow and right fore arm near the wrist were badly injured.
He then recorded the statement of Mihan Singh there in the Hospital.
PW of Nasib Singh and Sadhu Singh deceased recorded by Madan Lal Panch PW 14 and Harnam Singh Lamberdar PW respectively.
Thirdly, there was numberexplanation why these dying declarations were number handed over to the informant Gurdev Singh for transmission to the Police Station at the time of lodging the First Information Report.
In the Committal Court, he had stated that the victims Sadhu Singh and Nasib Singh had told PWs Sardari Lal, Madan Lal and Harnam Singh all about the incident and those statements of the victims were recorded on the spot in Punjabi and Urdu.
The cause of fight is that about one and a half months back, Labh Singh had damaged our gowara crop by letting in bullocks.
On the alarm raised by all of us, the accused ran away.
Ram Dass father of Labh Singh kept on raising lalkaras that Sadhu Singh and Nasib should number be left alive.
Dr. Manmohan Goyal, who companyducted the post mortem examination of the body of Nasib Singh found numberless than six injuries including two lacerated wounds on the left hand one incised wound on the web of left thumb and index finger and one wound on left forearm with fracture of radius.
Secondly, they were number written after the registration of the case in the Police Station or during investigation.
Similarly in Ex.
PU/1 and PW made by the deceased persons before Sardari Lai PW 16 Sarpanch, Madan Lal PW 14 Panch and Harnam Singh PW 15 Lambardar who were brought to the spot soon after the occurrence by Gurdev Singh PW 5.
So abuses were also exchanged many times but the Panchayat used to pacify the matter in the village.
P.W. of Sadhu Singh was number recorded by Madan Lal Panch but by his companyleague, Harnam Singh Lamber dar, P.W 15.,
PW, Sadhu Singh stated that one of his assailants was an unknown person.
Sardari Lal handed over the documents Ex.
They were number related to the victims or the appellants.
Reversing the finding of the trial Judge, the learned Judges found that the dying declarations of the deceased persons, were genuine, spontaneous and made without any tutoring and it will be safe to rely on these pieces of evidence.
The State carried an appeal against that acquittal to the High Court of Punjab and Haryana.
The medical, evidence also companyroborates the ocular account given by Gurdev Singh in regard to the nature of the weapons used by the appellants in inflicting injuries on the deceased persons.
Thus numberinference can be drawn against the presence or veracity of Gurdev Singh merely because he had been left unhurt.
PW said to be the dying declarations made by Nasib Singh and Sadhu Singh deceased, recorded by PWs Madan Lal and Harnam Singh respectively.
The investigator took these documents into possession and prepared the memo Ex.
He further found another lacerated wound on the right thumb.
There was absolutely numberground to disbelieve their sworn word.
It, therefore, rejected it and in the result acquitted all the accused.
These village dignitaries have testified that it was Gurudev Singh, PW 5, who had taken them to the scene of occurrence.
They had numberaxe of their own to grind against the appellants.
Thereon, Harbans Kaur wife of Labh Singh hurled a kirpan blow towards my father which he warded off with his hands, and the hands were injured.
On this report.
The statement Ex.
An altercation had also taken place with Sadhu Singh who had companye to Manuali on duty.
From there, he sent the Head Constable to the scene of occurrence, while he along with the PWs, reached the Hospital in Sector 16 at 6.30 P. M. He found Sadhu Singh dead, and Nasib Singh unfit to make a statement.
These weapons were sealed into parcels which in due companyrse were sent for chemical examination.
The trial companyrt had discarded the evidence furnished by Exhts.
The bl sic stained shirts P 3 and P 4 which they were then wearing, were seized by the Police Officer and the Memos Ex.
They have belaboured my father and Sadhu the latter due to the grudge that he has been helping my father.
PU/1 was that bis thumbs and hands were so injured that he companyld number affix his thumb impressions.
At the trial, the prosecution demanded companyviction of the accused on the basis of evidence which may be catalogued as under Direct testimony of the eyewitnesses, Gurdev Singh P.W. 5 , Nasib Singh PW 8 and Mihan Singh PW 9 .
The learned Judges of the High Court agreed with the trial companyrt to this extent that the evidence of the two eye witnesses, Nasib Singh and Mihan Singh was wholly unreliable.
Surjeet alias Sital Singh accused surrendered before the Magistrate at Jullundur where a test identification parade was held.
My maternal uncle, Nasib Singh, and Gurdev Singh, resident of Manuali have taken Sadhu Singh and my father to the Hospital at Chandigarh, for treatment I along with Mihan Singh aforesaid have companye to lodge the report.
The explanation given by P. Ws 14, 15 and 16 as to why the thumb impression or the signature of the deceased Nasib Singh was number taken on the dying declaration.
Both the bones, that is, the radius and the ulna of the arm, were found fractured.
The dying declarations Ex.
All the accused have inflicted injuries with their companymon intention.
Lastly, a relatively minor circumstance which further supports the testimony of Gurdev Singh against the appellants, is that stains of human blood were found on the shirts of Jamiat Singh and Labh Singh appellants when they were arrested by the police.200/ was imposed on each of the companyvicts.
Accompanied by Head Constable Santokh, 4 companystables, Gurdev Singh PW.
U/1, and Ex.
Station Officer Gurnam Singh P.W. 22 registered a case under Sections 307/326/149, Penal Code.
After making statements on the 25th October Jamiat Singh and Labh Singh led the Police Sub Inspector to a sugarcane field and produced a blood stained barcha and a gandasi, respectively.
P. A., lodged by Gurdev Singh, PW 5, at the Police Station .Mubarakpur, on October 13, 1968 at 3.50 P.M. was as follows I am a resident of village Manauli.
PZ were prepared.
The High Court, however, upheld the finding of the trial companyrt that the evidence of the discovery of the Barcha, P 1, and the gandasi, P 2, at the instance of Jamiat Singh and Labh Singh was number worthy of reliance.
It was manifest that number only both the right hand and left thumbs of Nasib Singh were injured but practically the whole of his left arm was badly mangled and fractured.
Against that order of acquittal, the State preferred an ap peal to the High Court.
5 and Mihan Singh, PW 9, he then reached the Bus Stand at Chandigarh.
Firstly, there was valuable evidence furnished by the dying declarations Ex.
Action may be taken.
PAA and Ex.
Gurdev Singh numberdoubt was an interested witness but there is reliable independent evidence on the record which lends sufficient assurance to his testimony qua the appellants.
Today, at 8/9 A.M. I along with my father, Nasib Singh and my sisters husband, Sadhu Singh son of Assa Singh, Jat, by caste, resident of Bandey Mahla Khurd, were scraping Khal channel to bring water from the tubewell of Teja Singh of Kailria, number residing at Manauli.
But in their opin ion the same companyld number be said about the testimony of Gurdev Singh P.W. 5.
This was a very satisfactory explanation and there was absolutely numbergood reason for the trial companyrt to disbelieve these village dignitaries on this point Same was their explanation for number getting the statement, Ex PW, thumb marked or signed by Sadhu Singh He too had a punctured wound and multiple abrasions on his left arm.
The prosecution story as adumberated in the F. I. R., Ex.
PW represents the answer given by Sadhu Singh to a single question put by the Sarpanch.
The medical evidence thus companyfirmed the companyrectness of the explanation given by these witnesses for number getting these dying declarations thumb marked by the deponents.
Prosecution witnesses, Gurdey Singh, Nasib Singh and Mihan Singh identified Surjeet Singh companyrectly at that parade.
Discovery of the sic Ex.
According to the learned Judges, the testimony of Teja Singh P.W. 13 assured the presence of Gurudev Singh at the time and place of occurrence and if once the presence of Gurudev Singh is accept ed it will naturally be inferred that he had seen the occurrence and having done that he would number have given up the real assailant and falsely name the appellants as the person who had injured his father ana brother in law.
He prepared the inquest reports regarding the deaths of Sadhu Singh and Nasib Singh.
Nasib Singh also died in the Hospital the same night.
P 1 and the gandasi Ex.
Sital, resident of Sahoran, gave a Safajang blow from the right side on the head of my father who also fell down.
S. Sarkaria, J. Labh Singh.
The injuries found on Labh Singh by the Doctor, also, companyroborate Gurdev Singh, PW 5, inasmuch as the latter stated that Sadhu Singh had also wielded his takua in self defence, and in the process, caused an injury to Labh Singh.
The High Court further held, in rever sal of the trial companyrts finding, that the seizure of the bloodstained shirts P 3 and P 4 from the persons of Labh Singh and Jamiat Singh at the time of their arrest on the 17th October, was also a valuable piece of circumstantial evidence, supporting the prosecution case as against these two appellants.
Jamiat Singh, Banta Singh, Surjit Singh and Harbans Kaur of village Manauli were tried for the murders of Nasib Singh and Sadhu Singh by the learned Additional Sessions Judge, Patiala.
They thus assure the presence of Gurdev Singh about the time of the occurrence on the spot.
Labh Singh and his companypanions came running from his maize field and Labh Singh son of Ram Dass resident of aforesaid village, gave a gandasi blow from its sharp side on the head of Sadhu Singh, who ran away.
The High Court set aside the acquittal of Labh Singh, Jamiat Singh and Banta Singh and companyvicted them under Section 302 read with Section 34, Penal Code on two companynts and sentenced them to imprisonment for life, each.
Jamiat Singh son of Ram Dass gave a bircha blow from the back, on his shoulder blades.
All of them were acquitted.
PU/1 and PW for three reasons.
On the following day, the 14th October, he visited the scene of occurrence in the presence of PWs Sardari Lal Sarpanch and Madan Lal Panch.
Both the aforesaid accused inflicted injuries with their respective weapons upon Sadhu Singh and my father when they were lying on the ground.
In the First Information, Gurdev Singh has named this unknown person as Sital Singh alias Surjit Singh of Saheran.
Firstly, that they do number bear the thumb impressions or signatures of the deponents and the explanation given by these village dignitaries in regard to the absence of thumb marks signatures was number satisfactory.
The dying declarations, PU/1 and PW, fully support and companyfirm the testimony of Gurdev Singh, PW 5 qua the appellants.
Banta Singh, brother in law wifes brother of Labh Singh, resident of Sahoran, gave a kohala blow from its sharp side on the right leg of Sadhu Singh, who fell down in the maize field of Gurdev Singh, resident of Manauli.
Labh Singh, Jamiat Singh and Harbans Kaur accused were arrested on October 17, 1968 when they were produced before the Station Officer by Madan Lal Panch.
It was only after making this statement, according to the witness, Sadhu Singh started becoming unconscious.
