KAPTAN SINGH Vs. STATE

JUDGEMENT

(1.) -The appellant Kaptan Singh and his brother Partap Singh (died during the trial) were tried in the Court of Shri G. S. Dakha, Additional Sessions Judge, on the charge under Section 302 read with Section 34 of the Indian penal Code. The learned Judge found the accused guilty of the offence charged with and sentenced him to imprisonment for life. Against his conviction and sentence Kaptan Singh has come in appeal.

(2.) The case for the prosecution is that between the accused and the complainant party there existed a dispute over the construction of a Chabutara on account of which the width of the lane became narrow, and it obstructed the free use of the passage. On 3rd July 1978 at about 7 P.M Om Parkash (P. W. 1) and his cousin Randhir Singh (P. W. 5) were going to their field. When they were about a Killa away from their field they saw Kaptan Singh catching hold of Mukhtiar Singh and Partap Singh hitting Mukhtiar Singh on the neck with some weapon, Om Parkash and Randhir singh raised alarm and they ran after the two accused but they were not able to catch them. 0m Parkash and Randhir Singh saw the deceased bleeding profusely from the neck. Om Parkash leaving Randhir Singh at the spot rushed to the village and informed the family members of Mukhtiar Singh about the occurrence. He also informed the police on telephone about the occurrence. The report made by Om Parkash was recorded at the Police Station Nangloi at 8.10 P.M. and the same is Ex.PW4/A. (The actual message given was that a quarrel is going between Inder Raj and Mukhtiar etc. at Phooth Kalan). The accused are the sons of Inder Raj. Jaipal, Om Parkash and gome other family members of Mukhtiar Singh reached the spot and they removed him to Willingdon Hospital. Mukhtiar Singh succumbed to the injury at 1.10 A.M.

(3.) Dr. Ramani (P.W. 6) performed post-mortem on the dead body of Mukhtiar Singh and he found one stitched wound 4" long placed horizontally on night side of the neck and (2) a cut open mark " long on the right angle (vein section). On probing injury No. 1 the doctor found that the internal jugular vein was cut. The cut was at the level of upper border of thyroid cartilage. The doctor gave the opinion that the injury could be caused by any sharp edged weapon including a knife. Both the accused were arrested on 25th July and at the instance of Partap Singh a razor was recovered from the fields near Rohtak. Public Witness .6 after examining the razor gave the opinion that injury could also be caused with the razor P.2.