BISHAN SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) BISHAN Singh son of Achhar Singh, resident of village Kaler Kalan, tehsil and district Gurdaspur, was married 10 Mst. Ratni daughter of Gurdit Singh of village Khunda, about 21 years back. At the time of marriage, he was serving in the Army. He served the Army for 15/16 years and retired from service about 6/7 years back. After his retirement, he started living in village Kaler Kalan to Which village he belonged, along with his wife Mst Ratni. After staying in the village for about six months, he went to Ranchi to earn his (sic) and in his absence Mst. Ratni used to reside sometimes in village Kaler Kalan and sometimes in village Khunda. During this period, Shangara Singh of village Jalalabad started visiting Mst. Ratni in village Kaler Kalan and developed illicit relations with her. Bishan Singh remained at Ranchi for 4/5 years and than returned to his village. Mst. Ratni lived with him there for about a month and thereafter went away with Shangara Singh to village Jalalabad along with her children. After living for about a month with Shangara Singh in village Jalalabad, Mst. Ratni came to her parent's house in village Khunda and stayed there for about two or two months and a half.

(2.) ON 24th June, 1969, Bishan Singh, the appellant, went to the house of Gurdit Singh at village Khunda on a cycle. At that time, Mst. Ratni, her mother Harnam Kaur and Mst. Viro, daughter of Mst. Ratni were present in the house. Gurdit Singh had gone to help his brother Narain Singh in putting up a mussal of toori, Bishan Singh asked Mst. Ratni to accompany him, at that very time, but she declined to go with him at night time. This lad to a verbal altercation between Mst. Ratni, her mother and her daughter on one side and Bishan Singh, on the other. In the meantime, Gurdit Singh, father of Mst. Ratni along with his brother Narain Singh reached there. Bishan Singh tried to drag Mst. Ratni out of the house with a view to take her away along with him, but Gurdit Singh intervened and said that he would not allow him to take her at night time. Thereupon Bishan Singh took out a small kirpan and caused 4/5 blows with the same to Gurdit Singh at his chest, neck, left, flank and shoulders. On receipt of kirpan blows, Gurdit Singh fell down and died instantaneously, Bishan Singh, after causing injuries to Gurdit Singh flied away along with his kirpan, leaving his cycle there. Nobody went to the police station on account of the fear of Bishan Singh. On the following morning, Mst. Ratni accompanied by Swaran Singh, Sarpanch, went to police station Dhariwal, and lodged the First Information Report, Exhibit P.C. at 5 A.M. The special report of the case reached the Ilaqa Magistrate at Gurdaspur at 12.55 P.M., on the same day. After necessary investigation of the case, Bishan Singh was chalaned under section 302, Indian Penal Code.

(3.) THE learned counsel for the appellant contended that the first information report in this case had been lodged late, that the statements of the alleged eye -witnesses were discrepant on material facts and that in fact somebody else had killed Gurdit Singh and Mst. Ratni falsely implicated the appellant as she wanted to live with Shangara Singh of Jalalabad.