CHAIN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The appellant, his father Karam Singh, his uncle Bawa Singh and Bawa Singh's son Charan Singh were tried by the Sessions Judge, Hoshiarpur for offences under Sections 302, 307 and 324 read with Section 34 I. P.C. in respect of the murder of one Darshan Singh on 12th October 1967. The learned Sessions Judge acquitted Karam Singh and on appeal the High Court of Punjab and Haryana acquitted Bawa Singh. Charan Singh has not filed any appeal. This appeal is by Chain Singh alone against the judgment of the High Court which modified the death sentence awarded to him by the Sessions Judge to one of imprisonment for life.

(2.) The day in question was the Dussehra Day. Sadhu Singh, P. W. 6, and his brothers, Ajit Singh, P, W. 9 and Malkiat Singh P. W. 11 as well as his cousin Lachhman Singh, P.W.10 and his brother-in-law Ajit Singh, P. W. 7 had gone to village Garhdiwala to witness the Dussehra festival. While they were returning therefrom the appellant, who came on a Cycle from behind them struck against Darshan Singh and a sharp exchange of abuses ensued between the deceased and the appellant, and Darshan Singh is alleged to have slapped the appellant. The appellant then went away towards his village and returned back with his father, uncle and uncle's son. The appellant is then alleged to have fired shots from his gun hitting Darshan Singh who dropped down dead. Charan Singh fired shots from his pistol injuring PWs. 7 and 9. Karam Singh we alleged to have merely fired in the air from his pistol. Bawa Singh was alleged to have given barchhi blows to Ajit Singh, Malkiat Singh and Lachhman Singh. The appellant is alleged to have fired again hitting Malkiat Singh. Sadhu Singh himself claimed to have hid himself behind a tree and after the assailants went away he went to village Gondpur, arranged for a taxi and removed PWs. 7, 9 and 10 to Hoshiarpur Civil Hospital leaving PW 15 to guard the dead body of Darshan Singh. On the way PW 6 got down at the Police Station Hariana while the injured person were taken by another Sadhu Singh to Hoshiarpur. The FIR was lodged at 8 p. m. The Sub-Inspector of Police reached the spot at 9.15 p. m., held an inquest and sent the dead body to the Civil Hospital Hoshiarpur for post-mortem examination. He found three empty cartridge cases near the dead body and 8 cartridge cases at some distance. He took all of them into possession. The post-mortem examination revealed that one of the two injuries caused on the body of Darshan Singh by fire arms was sufficient to cause death in the ordinary course of nature. The medical examination showed that PWs 7 and 9 had a number of gun shot wounds, PW 10 had two lacerated wounds and one contused wound, P W 11 one contused wound and two penetrating wounds. The appellant produced his single barrel gun and Charan Singh produced a country made 12-bore pistol. The ballistic expert gave evidence that five of the empty cartridges had been fired from the gun belonging to the appellant and that three of them were fired from the pistol belonging to Charan Singh. He was not able to give a definite opinion about the other three empty cartridges. On this evidence, as already mentioned, the Sessions Judge convicted three of the accused, except Karam Singh and the High Court on appeal acquitted Bawa Singh.

(3.) The main points urged before this Court. as also before the High Court were the following: