KISHAN SINGH MUNSHA SINGH Vs. STATE

JUDGEMENT

(1.) KISHAN Singh son of Munsha Singh of village Jamshed Chathial, district hoshiarpur, appeals to this Court from his conviction under Section 302/34, Indian penal Code, and sentence of death imposed upon him by the Additional Sessions judge, Hoshiarpur, for the murder of Parkash Chand Patwari.

(2.) THE prosecution story is that Munsha Singh, father of Kishan Singh accused, made a will in his favour. and on the death of the testator mutation in respect of his succession was under the consideration of itie revenue authorities. It may be mentioned that Kishan Singh accused was Munsha Singh's son from his first wife, the second wife being Jaswant Kaur. This will was attested by Waryam Singh P. W. 4. A couple of days before the murder of Parkash Chand Patwari, the mutation proceedings came up for hearing before the Naib Tehsildar in village Keshopur. Waryam Singh and other attesting witnesses along with the scribe of the will appeared before the revenue officer and Parkash Chand deceased as Patwari put up the papers before the said officer. As Kishan Singh's step mother was not present he was asked to produce her on the next hearing. The case was accordingly adjourned. Kishan Singh suspected that Parkash Chand Patwari was instrumental in creating obstacles in these mutation proceedings and according to the prosecution he is stated to have expressed his suspicions In express words to Waryam Singh after the adjournment of the mutation proceedings. Kishan Singh is also stated to have remonstrated with the deceased over this adjournment. On the right between the 4th and 5th of August, 1961, at about 9. 30 or 10 p. m. when Waryam Singh P. W. 4 was going to watch a dancing performance (rass) which was to be held in village shihin Chathial, about five or six furlongs away, he heard an alarm coming from the side of one Ram Singh Ramgarhia's house, in a portion of which Parkash chand deceased used to live. Waryam Singh attracted by this alarm went inside the house to the upper storey and saw Kabul Singh and Kishan Singh accused holding a kirpan each and giving injuries to Parkash Chand deceased. Mehar Singh p. W. 6 was also present there. Within Waryam Singh's sight, Kishan Singh accused gave one kirpan blow under Parkash Chand's chin and Kabul Singh gave a kirpan blow on Parkash Cband's right arms above the elbow. Ram Lok P. W. 5 was also standing nearby raising alarm which had attracted Waryam Singh. On seeing these persons the two accused ran away towards Kishan Singh's chaubara from over the roof. Parkash Chand was found unconscious by Waryam Singh and others. Ram Lok thereupon put some water in Parkash Chand's rnouth as a result of which he is staled to have regained consciousness. After regaining consciousness he told the persons there that Kishan Singh and Kabul Singh had injured him because of the adjournment of the mutation proceedings. He was put on a cot and taken to the garhdiwala dispensary, about three miles away, but unfortunately there was no doctor available in the dispensary at that time. Waryam Singh then went to the post office and telephoned to the Superintendent of Police at Hoshiarpur by whom he was directed to lodge a report at the police station. The Superintendent of police is also stated to have informed Waryam Singh that the former would arrange for a conveyance. Altar this conversation, Waryam Singh went to the police station Hariana and lodged the First Information Report at about 4. 30 a. m. on 5-8-1961.

(3.) IT may here be mentioned that the police had challaned two persons, Kishan singh and Kabul Singh, (the latter has been described to be a remote uncle of kishan Singh) but the learned Additional Sessions Judge gave the benefit of doubt to Kabul Singh and acquitted him.