DHARAM BIR SINGH Vs. STATE

JUDGEMENT

(1.) Dharam Bir Singh, aged about 20 years, appeals against the judgment of the learned Sessions Judge, Ambala, convicting him under section 302, Indian Penal Code, and sentencing him to death. There is also before us the murder reference under section 374 of the Code of Criminal Procedure for confirmation of the sentence.

(2.) The appellant belongs to village Radaur in the district of Karnal though he had been residing for some time past with his father-in-law Raja Ram at Yamuna Nagar, which is some 11 miles from Radaur. The appellant's father Bhagwati Parshad was the brother of Janki Parshad who was the grand father of Mohinder Singh - the person said to have been murdered - and this is one of those extraordinary cases in which the report to the police about the death was made by the accused person himself. This report was made at Police Post Yamuna Nagar (which is within the jurisdiction of Police Station Jagadhri and four miles from there) on the 9th of February, 1957, at 11-30 p.m. and the time of death given in this report is 10 o'clock of that night. In that report the appellant stated that Mohinder Singh, who was his nephew in the family, had come to him at 5 p.m. along with Ram Kishan and two other persons, one of whom wanted to purchase some land belonging to Dharam Bir Singh appellant. After the bargain was settled, Ram Kishan, Mohinder Singh and the appellant went to see a cinema show, which lasted from 6 to 9.30 p.m. After that these three went to the Punjabi Hotel (which is a couple of furlongs from the cinema) for taking food and they sat in room No. 7 and placed their order for food. Mohinder Singh went out to urinate and when he returned he staggered and became unconscious then and there. Atma Ram P.W., the proprietor of the hotel, was called and was sent to fetch Dr. Raj Kumar Vohra in order to treat Mohinder Singh. His condition, however, deteriorated, and Atma Ram brought Raja Ram there, who went in a jeep to Radaur to bring Bhupindar Singh, brother of Mohinder Singh. Before Raja Ram could return, Mohinder Singh died. Towards the end of the report, Dharam Bir Singh stated as follows :-

(3.) Raja Ram and Atma, who had accompanied Dharam Bir Singh to the Police Post, also stated the same thing. Head Constable Amar Singh (P.W.28), who had entered that report proceeded to the Punjabi Hotel and found that dead body of Mohinder Singh lying in room No. 7. A.S.I. Devi Sahai then prepared the inquest report, Exhibit P.J. which included the statements of Ram Kishan P.W. and Dr. Vohra besides those of Raja Ram and Atma Ram, and the stress in these statements is on Mohinder Singh's death having taken place due to heart failure and there being no doubt or suspicion attaching to it.