MOHINDAR SINGH SUNDAR SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal is brought by Mohindar Singh against his conviction and sentence of transportation for life by Sessions Judge Sardari Lal Madhok and the State has brought an appeal against the acquittal of Rulia who was acquitted by the learned Judge, and on behalf of Meja singh, a brother of Teja Singh deceased, a petition for revision has been brought for enhancing the sentence of Mohindar Singh and for setting aside the order of acquittal of Kundan Singh and rulia.

(2.) THE deceased was Teja Singh, a brother of Meja Singh and the occurrence is alleged to be of 1-4-1952 at about sunset in village Nawanpind in the district of Amritsar. The prosecution alleged that there was motive for the occurrence. Ten or twelve days before the occurrence Jassu, who is a brother-in-law of Kundan Singh and Mohindar Singh having married their sister, diverted the water of Meja Singh to his own field. There was a row between Mohindar Singh and kundan Singh and Jassu, but Gehl Singh and Bishan Singh separated the two. On 1-4-1952 i. e. , on the day of the occurrence Teja Singh is alleged to have gone to a well which is near the house of Mohindar Singh and Kundan Singh in order to pass water to which objection was taken by kundan Singh and Kundan Singh and Teja Singh started grappling with each other and caught hold of each other's long hair. Kundan Singh thereupon shouted and Mohindar Singh and Rulia are alleged to have come - both armed with spears. Mohindar Singh gave a spear thrust into the chest of Teja Singh and the spear end broke and the spear-head kept sticking in the chest of Teja singh. Rulia then gave a blow on the thigh of Teja Singh with his spear after Teja Singh had fallen down. I may here state that Mohindar Singh had an injury on his back which is stated to be a punctured injury and Kundan Singh had an injury on the back of his head but Rulia had no injury on him excepting abrasions which it is stated he got when he was arrested.

(3.) BOTH Teja Singh and Mohindar Singh were taken to the dispensary at Algon. As Teja Singh was in a serious condition his dying declaration was recorded by Suba Singh, the Doctor in charge of the dispensary, at 7-45 p. m. and he died about midnight. Mohindar Singh was taken to the Patti Hospital where he was examined by Dr. Daulat Singh P. W. 2. Kundan Singh was also examined at Patti and the injuries were found to be on their backs.