STATE Vs. HARDIAL SINGH

JUDGEMENT

(1.) Hardial Singh accused respondent was challaned for the murder of Bhajan Singh. He was tried by S. Rajbir Singh Kang Sessions Judge of Sunam and acquitted. The State was not satisfied with the order of acquittal and have come up in appeal. to this Court.

(2.) The prosecution story as narrated during the trial briefly is as follows:-

(3.) Chand Singh P.W. after this occurrence left for Lehra Gaga where Gajja Singh the brother of the deceased, was employed. On reaching this place, Chand Singh told Gajja Singh about the death of Bhajan Singh. Gajja Singh then proceeded to the police station situate at the same place and made the F.I.R. Ex. P.A. at 6-30 P.M. This police station is situate at a distance of about two miles from the place of occurrence. After recording the report, the Sub-Inspector M. Inder Singh proceeded to the spot. On his arrival there, he found the dead body of Bhajan Singh lying at the spot. He prepared the injury statement of the deceased and also prepared the inquest report. He then sent for the respondent who was found at his own house. The respondent on getting the order of the investigating officer appeared before him. The Sub-Inspector recorded his statement. He also recorded the statements of witnesses and arrested the accused Hardial Singh. The respondent also produced the Tir Ex: P. 1 before the Sub-Inspector. The investigating officer then sent the dead body of Bhajan Singh for post mortem examination. Dr. Major Inder Singh held the post mortem examination on the dead body on 20-4-1947 at 10-30 A.M. He noted the following injury on his person: