1 is, hole and its petrous portion shattered.
A gun shot wound 3/4 X 5/8 on the left side of chest 21/2 above and behind the left nipple and 1/2 behind the anterior axillary fold as area 1 below the wound is bruised.
An application to this effect was made by him before the companymitting Magistrate, and he also examined a handwriting expert to prove some of his allegations.
The evidence of the Investigating Officer as recorded by the Sessions Judge is to the following effect B. and P.C. were obtained by me from the headquar ters.
325 of 1949.
They were also sentenced to 3 years rigorous imprisonment each under section 307 read with section 34 of the Indian Penal Code.
The appellant was sentenced to death under section 302 and Gurnam Singh was sentenced to transportation for life under that section in view of his youth.
Mohinder Singh ran on the other side of the tank in the opposite direction and companyfronted him and shot him with a gun on the chest whereupon he fell down.
It appears that Dalip Singh had 6 injuries altogether which are described by the doctor who performed the post mortem on his body in these words An irregularly round gun shot wound on the left temporal region, 1 diameter.
The wound is 22 behind outer canthus of left eye, its upper portion is at a level with the top of the pinna of the left ear, behind it companymences at the cartilages of the ear which are broken.
Along with P.B. and P.C. the Parvana P.S. was also received by me.
2, holding the mastoid region of the skull on the right side.
The same day at 3 p.m., Jita Singh went to the police station at Dharamkot, which is at a distance of 3 miles from village Augar, where the occurrence had taken place, and lodged a first information report, charging Mohinder Singh, with having caused injury to him, and Mohinder Singh and Gurnam Singh with the murder of Dalip Singh and the police after investigating the case sent up a charge sheet against the two accused persons.
The injuries proved fatal and Dalip Singh died on the spot.
The top of the wound being 1 3/4 from the apex of right axilla and 4 3/4 above and behind the right nipple.
A gun shot wound 1/2X 3/4 on the right side of chest in the mid axillary line.
The appellant asserted at the trial that the original report of the process peon had been suppressed and another report had been fabricated and substituted in its place.
After going through the zimnis, the witness states that the aforesaid documents P.B., P.C. and P.S. were summoned by the companymitting Magistrate and were number sent for by the witness.
A linear fracture extends upwards and backwards, from the hole into the left parietal and occipital bones.
The evidence of the process peon is of a somewhat suspicious character, because he has companyveniently forgotten every material detail.
After piercing through the left temporal lobe of the brain the projectile has pierced through the brainstem, and emerged out as injury No.
Dalip Singh, who was following Jita Singh, then ran backwards and he was chased by Gurnam Singh round the outer boundary of a tank which was close by.
On dissection the left temporal bone under injury No.
Thereafter they were tried by the Sessions Judge of Ferozepore under sections 302 and 307 read with section 34 of the Indian Penal Code.
dated 30th December, 1949, upholding the companyviction of the appellant under ss.
Appeal by special leave from a judgment of the High Court of Punjab Falshaw and Soni JJ.
Neither of the companyrts below has dealt with the evidence of this expert.
But since the file had been sent to the headquarters, therefore, the said companystable returned quite blank.
APPELLATE JURISDICTION Criminal Appeal No.
Meanwhile, Gurnam Singh had also reached the spot and he fired with his rifle from a distance of about 4 or 5 feet near about Dalip Singhs ear while he was lying sideways.
10 of 1950.
I never inspected this file at the headquarters.
The case for the prosecution which has been substantial ly accepted by the trial Judge and the High Court is briefly as follows.
Mohinder Singh, under sections 302 and 307 read with section 34 of the Indian Penal Code, and companyfirming the sentence of death passed against him by the Sessions Judge of Ferozepore.
On 16th March, 1949, a Foot Constable was certainly sent to Zira to bring the said file.
October 17.
Jita Singh was then carrying a load of fodder on his head while Dalip Singh had sickles in his hand.
Jai Gopal Sethi R. L. Kohli, with him for the appel lant.
Jita Singh was the first to be at tacked near a tailors shop by Mohinder Singh who fired at him from behind hitting him on the neck whereupon he fell down together with the bundle of fodder.
K. Khanna, Advocate.
The judgment of the companyrt was deliv ered by FAZL ALI J. This is an appeal by special leave from the judgment of the High Court of Punjab upholding the companyvic tion of the appellant.
On the 28th February, 1949, which was the date fixed for the hearing of the case before the Naib TehsiIdar, Jita Singh and Dalip Singh, the two brothers of Bachittar Singh, were attacked by the appellant and one Gurnam Singh, a lad of 17, near a Gurdwara at about mid day, when they were returning from their field.
Sometime in January, 1949, one Bachittar Singh, brother of Dalip Singh who is said, to have been murdered, lodged a companyplaint before the NaibTehsildar at Zira to the effect that a tree belonging to him had been cut by 7 per sons including Mohinder Singh, the appellant.
General of the Punjab, S. M. Sikri, with him for the respondent.
302 and 307 read with s. 34 of the Indian Penal Code and companyfirming the sentence of death passed against him by the Sessions Judge of Ferozepore on the 20th July, 1949, in Criminal Appeal Case No.
