SARDAR LAL SINGH KANG Vs. STATE

JUDGEMENT

(1.) ON 11-7-1955, one Sita Rani was found dead in the house of Ishar Singh, Station House officer, Nurpur. S. Lal Singh Kang, a member of the P. C, S. , was posted as Sub-Divisional magistrate, Nurpur during those days. He held an enquiry into the cause of death of Sita Rani on 11-7-1955 and made a report showing that it appeared to be a case of suicide. The case became the target of a good deal of public attention and a further enquiry was held by Shri Kang When he reported that the probabilities were in favour of a murder having been committed by Mst. Gurdial Kaur and that it was not a case of suicide. Later Mst. Gurdial Kaur was tried and convicted by the Sessions Judge, Hoshiarpur, under Section 302, Indian Penal Code, and sentenced to imprisonment for life and her husband Ishar Singh was convicted under Section 201, Indian Penal Code, and sentenced to five years' rigorous imprisonment.

(2.) AT the trial Shri Lal Singh Kang was examined as P. W. 15. He was asked to explain why he held the first inquest report late at night and rushed through the proceedings. Shri Lal Singh kang explained that he had to go on tour the following day and therefore he sat late in the night and finished his inquest. During the course of his examination he also stated that Hari Chand, naib Tehsildar, had told him on 25-7-1955, that Bidhi Chand, P. W. (who was apparently one of the main witnesses in the case) had been detained by the police. He had further stated that the Deputy Inspector General of Police had directed him (Shri Kang)in the Rest House of Nurpur that he should send for Mst. Gurdial Kaur accused to his house and interrogate her there which he declined to do.-He claimed to have verbally informed the District Magistrate about both these incidents. Shri kanwal Nain, District Magistrate, Kangra, who appeared as P. W. 37, however, denied that any such information was ever passed on to him by Shri Lal Singh Kang. The learned Sessions Judge in this respect believed the statement of Shri Kanwal Nain, District magistrate, and disbelieved that of Shri Lal Singh Kang. He also dubbed the explanation given by Shri Lal Singh Kang for rushing through the enquiry as insipid. While discussing the evidence of Shri Lal Singh Kang, the Sessions Judge made certain remarks unfavourable to Mr. Kang, who filed this application under Section 581a, Criminal P. C. , on 14-7-1956, (Criminal miscellaneous No. 327 of 1956) praying for the expunction of these remarks.

(3.) THIS miscellaneous application was directed to be heard after the decision of the appeal that had been filed by Mst. Gurdial Kaur and her husband Isher Singh, against their convictions and sentences, as detailed in the earlier part of this order. Both the accused were acquitted by the high Court but in view of the appeal that had been filed by the State before the Supreme Court, the hearing of this application was further adjourned. After the dismissal of the appeal by the supreme Court, the Hon'ble the Chief Justice before whom the matter came, by his order dated 14-4-1958, referred this application for decision to a Division Bench in view of the fact that it raised an important question, namely-