BAKSHISH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal arises out of the following facts:-

(2.) In order to prove its case, the prosecution examined. P.W.-1 Dr. U.S. Sooch, who had medico-legally examined Rajinder Singh at 2.00 A.M. on September 12, 1992 and found four injuries on his person, one of them being caused by a fire arm, and had also examined Bakhshish Singh accused at 2.30 A.M. and observed that he was smelling of alcohol and deeply under its affect; P.W.-2 Dr. S.K. Sharma, who had conducted the post-mortem examination on the dead body of Vijay Kumar and had found three injuries on it, two of them being gun shots (one of entry and the other of exit); P.W.-3 Dr. S.K. Leivon, who had medico-legally examined Krishan Kumar at 2.00 A.M. and had found two grievous gun shot injuries on his person; P.W.-4 Dr. R. Bhushan, who had medico- legally examined Vijay Kumar before his death; P.W.-6 H.C. Bhupinder Singh and P.W.- 11 Krishan Kumar, an injured eye-witness; P.W.- 12 Inspector Gurnam Singh, the Investigating Officer; and P.W.- 15 Sham Lal, who deposed to the effect that he had received the information at about 8.00 P.M. on September 11, 1992 that Bakhshish Singh accused who was his colleague, had taken away his rifle and had run away from the spot on that day. P.W. Rajinder Singh, also an injured eye-witness, was given up as unnecessary.

(3.) The prosecution case was then put to the accused and his statement recorded under Section 313 of the Code of Criminal Procedure. He denied the allegations levelled against him and stated that on September 11, 1992, he had taken a little drink and had entered into an argument with H.C. Bhupinder Singh (P.W.-6) who had taken him to Inspector Gurnam Singh (P.W.-12) and that he had also misbehaved with the Inspector, who had felt insulted and offended on that account. He further stated that he took more liquor thereafter and picked up a quarrel with A.S.I. Ramji Dass and when he had been taken to the hospital for his medical examination, he had slipped away but had later been involved in a false case of murder.