STATE OF HIMACHAL PRADESH Vs. GAJJAN SINGH

JUDGEMENT

(1.) More than a decade back on October 9, 1978, an incident is said to have taken place in which two persons, namely, Surjit Singh and his brother Tarsem Singh, received serious injuries caused on account of stabbing. It is said that respondent Gajjan Singh had given the blows to these injured persons.

(2.) The injuries of Surjit Singh and Tarsem Singh, who have appeared at the trial as PWs 2 and 3, were, as recorded by Doctor R. T. Sehra (PW 1), these: Tarsem Singh "A penetrating wound on left side of abdomen roughly bout 1" penetrating wound through which intestines was coming out and margins of the wound could not be ascertained. The bowel outside showed slight gangrenous changes. Surjit Singh A penetrating 1" X 1 /4" wound on the left side chest through which air was coming out with each breath. The lung covering was protruding out of this wound. Margins were clear cut. Fresh blood was oozing out of the wound and clothes soaked with it. 1/2" x 1/4* penetrating wound with sharp margins on left side chest on the back near lateral border of shoulder blade. Fresh blood was coming out."

(3.) The case of the prosecution, essentially, was that respondent Gajjan Singh is a close neighbour of the injured persons. There was a wedding in the family of the victims The Barat party had arrived on October 8, 1978, and after the wedding, the next morning, it had departed at about 600 p.m. The prosecution says that at about 8.30 p m on that date while the members of the family of the victims were winding up the affairs and Durries etc. were being collected, respondent Gajjan Singh came out of his house and started abusing the family members of the victims. Surjit Singh is said to have objected to it - Gajjan Singh, it is said, gave two knife blows to Surjit Singh in the abdominal region. Tarsem Singh, who was in the kitchen, heard all this and came out. He came to the rescue of his brother but before he could do anything Gajjan Singh is said to have inflicted a knife blow at him too. Thereafter, Gajjan Singh is said to have ran away and closed himself inside the house in a room