GURDIAL SINGH S/O AINCHAL SINGH Vs. CROWN

JUDGEMENT

(1.) Gurdial Singh, Jat, aged 35 years, has been found guilty of the murder of Pritam Singh and convicted under Secs.302/34, Indian Penal Code, and sentenced to transportation for life by the Sessions Judge, Ferozepore. Gurdial Singh has come up to this Court in appeal through Mr. Tek Chand and S.S. Jhanda Singh has appeared for the Crown.

(2.) The prosecution case was that on 24 April 1947 at about sunrise the said Pritam Singh along with his siri Gurdial Singh mazhbi went to his field Leaving Gurdial Singh mazhbi near his cart, Pritam Singh went to ease himself. Suddenly, Gurdial Singh accused, and Harchand Singh and Ajaib Singh absconders, emerged from the bushes armed with spears and gandasas. Gurdial Singh accused and Harchand Singh were armed with spears while Ajaib Singh had a gandasa. They attacked Pritam Singh with their respective weapons and inflicted upon him a number of injuries. Gurdial Singh mazhbi rushed to the rescue of Pritam Singh and received injuries in an attempt to save him. Gurdial Singh Jat son of Ganda Singh, a cousin of Pritam Singh deceased, was present in an adjoining field owned by him and witnessed the occurrence. Gurdial Singh mazhbi went to the village and informed Raj Singh P.W. 4, brother of Pritam Singh deceased, of the occurrence and returned with a cot. Pritam Singh was removed to the hospital at Mathana where it is stated that He made a dying declaration which was recorded by Rana Khawab Ahmad Khan, Naib Tehsildar some time between 9-15 and 10-30 a.m. Pritam Singh died in the hospital at 10-30 a.m. on that date.

(3.) The post mortem examination of Pritam Singh deceased was performed by Doctor Dharm Pal, Assistant Surgeon, Fazlika, who found eight contusions, two incised wounds, eight punctured wounds, and four fractures on various parts of the body of Pritam Singh deceased. In, the opinion of the Doctor death was due to shock as a result of multiple fractures and other injuries and that the injuries collectively were sufficient in the ordinary course of nature to cause death.