BALBIR SINGH BALWANT SINGH CONVICT Vs. STATE

JUDGEMENT

(1.) BALBIR Singh accused-appellant, formerly a Head Constable in the Railway Police stationed at Delhi, has appealed from his conviction under Section 302, Indian penal Code. The Sessions Judge Jullundur, has awarded the lesser penalty of imprisonment for life to the accused-appellant for murdering one Malkiat Singh in village Dialpur, situate at a distance of three miles from Police Station Kartarpur in district Jullundur.

(2.) MALKIAT Singh was murdered in the house of P. W. 2 Baldev Kaur, a teacher in the Govern-, ment Girls Middle School, on the night between 20th and 21st of december 1957. The first information report was made by P. W. 2 Baldev Kaur at police Station Kartarpur at 10 a. m. on 2ist of December, 1957. In the first information report, Exhibit P. A. , she had stated that she was living in the house which she had taken on rent and Malkiat Singh deceased used to visit her. One suba Singh P. W. 17, an ex-Patwari, having felt frustrated in his attempts to have a liaison with her, turned against her and sent complaints to the Sarpanch, the headmistress and to the Divisional Inspector of Schools against her character and her association with Malkiat Singh. In the first information report regarding the incident, she simply stated that when she got up in the morning and came into the deorhi from the room she saw malkiat Singh lying dead besmeared with blood, having many injuries on his chest and belly. She raised hue and cry and several people of the village assembled. Leaving them there near the dead body, she had come to lodge a report. She suspected Suba Singh and his companions as murderers of Malkiat Singh. Shri hira Lal Sub-Inspector recorded the first information report and proceeded to the place of occurrence reaching there at 10. 30 a. m. on 21st of December, 1957. He prepared the injury statement and the inquest report and took into possession jacket Exhibit P. 1 which was lying near the dead body. He also found in its pocket a piece of paper, Exhibit P. 3, which bore finger prints in blood which were later found to be of the accused. He also took into possession other articles and also took bloodstained earth, a piece of paper, Exhibit P. N/1, bearing the address of malkiat Singh, produced by Baldev Kaur. She also produced a ring, Exhibit P. 2, from her box. The dead body was sent for post-mortem examination on a bullock-cart. On 25th of December, 1957, the accused was handed over to him by Police inspector. Ishwar Singh at Dehlon.

(3.) P. W, 2 Baldev Kaur was taken into custody on 7th of January, 1958, and on the same day she offered to appear as a prosecution witness and was produced before the District Magistrate on 7th of January, 1958, who tendered pardon to her. Her statement as an approver (Exhibit P. B.) was recorded by Shri Isa Das, magistrate First Class, Jullundur, on 8th of January, 1958. On 13th of March, 1958, Baldev Kaur was examined before the Committing Magistrate. Her statement Was recorded as P. W. 2 by the Sessions Judge, Jullundur, on 21st of july, 1958. After her examination-in-chief, the Public Prosecutor had made a request to the trial Court to transfer her statement made to the Committing Magistrate to his file under Section 288, Criminal Procedure Code, but the request was not granted, because the trial Court thought, that the departures made by her, from her previous statement, were not on material points, and he was not satisfied, that she had changed her statement deliberately in order to suppress the truth.