LAWS(P&H)-1948-12-3

JIT SINGH INDAR SINGH Vs. CROWN

Decided On December 23, 1948
JIT SINGH S/O INDAR SINGH Appellant
V/S
CROWN Respondents

JUDGEMENT

(1.) JIT Singh, Amrik Singh and Harnam Singh of village Akalgarh were tried for the murder of Hazura Singh of village Rasulpur in the Court of the Sessions Judge, Ludhisna. Jit Singh and Amrik Singh are brothers and Harnam Singh is their uncle. Amrik Singh and Harnam Singh have been acquitted and Jit Singh has been convicted under Section 302, Penal Code, and sentenced to transportation for life. Jit Singh appeals.

(2.) BRIEFLY, the prosecution case is that there was enmity between Bakhshi Singh an uncle of Hazura Singh deceased, and the accused. Hazurft Singh had come to visit his uncle Bakhshi Singh in village Akalgarh and at about sunset on I8tb June 1947 he was taking Mb meals with Bakhshi Singh when Jit Singh, Amrik Singh and Harnam Singh attacked him. Jit Singh appellant gave a. barohha blow in the abdomen of Hazura Singh while Amrik Singh attacked him with dhangi on his head and Harnam Singh gave him a dang blow on the bipa. Nichhatar Singh and Bakhshi Singh witnessed the occurrence.

(3.) THE dying declaration of Hazura Singh was recorded by Pandit Kewal Krishan, Naib Tehsildar, on 14th June 1947 about 8. 30 a. m. in the Civil Hospital.