BAKHSHISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal against the judgment and order of the Punjab High Court reversing an order of acquittal by the Additional Sessions Judge, Amritsar. The appellant Bakshish Singh and his brother Gurbagshi Singh were tried for an offence under Ss. 302/34, Penal Code but were acquitted. Against this judgment the State took an appeal to the High Court. As Gurbaksh Singh was said to be absconding the appeal against the appellant alone was heard aid decided by the High Court.

(2.) On 1-8-1954, sometime between 7 and 8 p.m. Bachhinder Singh son of Bhagwan Singh of village Kairon was shot in the lane in front of their house and as a result of bullet injuries he died the next day in the hospital at Amritsar. He was at the time of shooting accompanied by his younger brother Narvel Singh, a boy of 13 and after getting injured Bachhinder Singh and his brother returned to the house.

(3.) The case for the prosecution rests on the dying declaration of Bachhinder Singh Ex. P.H and on the statement of Narvel Singh P.W. 12 who was as an eye witness to the occurrence and on the statement made by the deceased to his father as to his assailant as soon as he (Bachhinder Singh) was brought to the house after receiving the injuries. The prosecution also relied on an extra-judicial confession made to Teja Singh P.W. 13 but both the courts below have rejected this piece of evidence and it is unnecessary to consider it any further.