JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed against an appellate judgment of the High Court of Punjab and Haryana whereby the acquittal of Jit Singh, appellant herein was reversed and converted into conviction for an offence under Section 302, Penal Code, with a sentence of imprisonment for life. The facts of the case, as they emerge from the record, are these:

(2.) On February 10, 1968, about half an hour before sunset, Baldev Singh, (P. W. 3) son of the deceased went to his uncle, Nahar Singh (P. W. 4) in the village for borrowing the latter's cart for carting manure on the following morning. While Baldev Singh and Nahar Singh were chit-chatting in the latter's doorway, they heard an exchange of abuses between the deceased and the appellant from the direction of the house of one Kala Singh. Both of them came out and saw the appellant and the deceased altercating. Immediately thereafter, they witnesses the appellant striking the deceased with a knife. Shouting to the assailant to desist from the assault, they proceeded to the spot. Mukhtiar Singh (P. W. 5) was also attracted to the spot. He also witnessed the occurrence. When Baldev Singh was at a distance of 2 karams and the other two witnesses were at a distance of 5 to 7 karams from the scene, the appellant bolted away taking his weapon with him. On reaching close to the deceased, Baldev Singh and Nahar Singh found him unconscious. Soon thereafter Harnek Singh, another son of the deceased, also arrived there. Harnek Singh brought Gurnam Panch (P. W. 6) to the spot. Baldev Singh then informed him that the appellant had stabbed the deceased. The sons of the deceased laid Hari Singh on a cot and with the aid of Gurnam Singh and Mukhtiar Singh, carried him to the Civil Hospital, Moga, six or seven miles away. They reached the Hospital at 10 P. M. The medical officer Dr. Manohar Singh, examined Hari Singh and prepared a statement of his injuries. The Doctor sent the note, Ex. P-2, to the City Police Station, Moga informing them about the precarious condition of Hari Singh. On receiving the note, Assistant Sub-Inspector, Kundan Singh (P. W. 9) reached the Hospital at 10.15 P.M. He found the deceased unconscious and unfit to make a statement. Thereupon he recorded the statement (Ex. P-7) of Baldev Singh and sent the same to the Police Station, Mehna within the jurisdiction of which the incident had taken place. On the basis of that statement, a case under Sections 307/326, Penal Code was registered in the Police Station, Mehna at 12-30 a.m., of the11th of February.

(3.) Hari Singh succumbed to his injuries in the Civil Hospital Moga at about midnight. Dr. Manohar Singh then sent an intimation (Ex. P-4) of Hari Singh's death to the Moga Police. Thereupon, Assistant Sub-Inspector, Kundan Singh came to the Hospital and prepared the inquest report.