STATE OF PUNJAB Vs. RAMJI DAS

JUDGEMENT

(1.) This appeal by the State of Punjab is directed against the judgment of the Punjab and Haryana High Court dated October 29, 1973, by which respondent Ramji Dass has been acquitted of the offence under Section 302, I. P. C. and the reference for confirmation of the sentence of death has been rejected.

(2.) The prosecution alleged that there was a jagrata in Arya Samaj Chowk, Ferozpur city, on August 5, 1972. There was therefore a large gathering there. The whole of the pandal was properly lighted, and there was a raised platform in the center, for the signing parties and the organisers. The deceased Balbir Singh was present in the jagrata and was working as a volunteer to prevent persons from going to the platform. His brother Gurbachan Singh (P. W. 5). his mother's sister's husband Harnam Singh (P. W. 2), and Bahadur Singh (P. W. 3) were also present there. Respondent Ramji Dass came there at about 10 p. m. and wanted to push his way to the platform. He was stopped by the deceased Balbir Singh. That led to an exchange of abuses between them, when suddenly respondent Ramji Dass whipped out dagger Ex. P. 1 from the dab of his pyjama and thrusted it in Balbir Singh's neck. An attempt was made to apprehend him but before that could be done, he gave another blow to Balbir Singh with the dagger, at the shoulder. Balbir Singh fell down, and was being taken to the hospital when he died. Respondent Ramji Dass was apprehended on the spot, along with the blood-stained dagger Ex. P. 1. He was handed over to Assistant Sub-Inspector Manjit Singh (P. W. 8) who was on patrol duty in the area. Harnam Singh (P. W. 2) gave the first information report Ex. P. D. to Manjit Singh. The Investigating Officer took the blood-stained dagger in his custody and sealed it. He also took shirt Ex. P. 2 and pyjama Ex. P. 3, which were on the person of the respondent, in his custody, as they were stained with blood. They were also sealed on the spot. The Chemical Examiner and the Serologist have reported that the dagger, the shirt and the pyjama, were stained with human blood. A post-mortem examination was made of the dead body of Balbir Singh. As there were some injuries on the person of the respondent, he was also medically examined and the injury report has been placed on the record. Dr. S. K. Gupta, who performed the post-mortem examination, stated that the death of Balbir Singh was caused by shock and hemorrhage as a result of the incised wound on the front and lower part of the neck which had cut the major blood vessels. In his opinion, that injury was sufficient to cause the death of Balbir Singh and was ante-mortem. Dr. Gupta found another incised wound on the front of the left deltoid region, and stated that both the injuries could be caused by dagger Ex. P. 1.

(3.) The prosecution examined Harnam Singh (P. W. 2), Bahadur Singh (P. W. 3) and Gurbachan Singh (P. W. 5) as eye-witnesses of the incident. Respondent Ramji Dass denied the allegation of the prosecution, but did not lead any evidence in his defence. The Additional Sessions Judge of Ferozpur convicted him of the officer under Section 302, I. P. C. and sentenced him to death. He also imposed a fine of Rs. 500/- and directed that, as and when it was recovered, a sum of Rs. 250/- may be paid to the immediate heirs of the deceased by way of compensation. As the High Court has acquitted the respondent as aforesaid, the State of Punjab has filed this appeal by special leave.