9911796707
TMI Blog1973 (8) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... onment for a period of five years. The sentences in the case of each of the appellants were ordered to run concurrently. The six appellants have now come up in appeal to this Court. 2. Bishan Singh and Gurdial Singh appellants are brothers. Surjit Singh appellants is the son of Nardial Singh appellant. Harbans Singh and Hazur Singh Appellants are collaterals. The prosecution case is that a day before this occurrence at about 4 p.m. there took place an alteration between Amrik Singh and Surat Singh deceased on the one side, and Bishan Singh, Hazur Singh and Hardial Singh accused on the other on account of a deserted well which was situated near Patti Thakarwal gate of village samrai. The accused and the two deceased persons belong to that village. The cause of the alternation was that Amrik Singh and Surat Singh deceased wanted the old deserted well near gate Patti Thakarwal to filled up, while Hardial Singh, Hazur Singh and Bishan Singh accused opposed the idea of filling up that well. During the course of the above alternation, Hardial Singh accused abused Amrik Singh deceased. Surat Singh at that time sided with Amrik Singh. The parties were about to grapple but others interve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh accused thereafter ran away. The assault on Amrik Singh deceased by Surjit Singh and Hazur Singh was witnessed by Avtar Singh (P 8) and Pritam Singh (PW 9) who was going to their houses at that time. Amrik Singh deceased died soon after the receipt of injuries. Leaving Pritam Singh PW to stay near the dead body, Avtar Singh PW proceeded towards the house of Amrik Singh to inform his relatives. On the way near the gate of Patti Thakarwal, Avtar Singh saw Surat Singh lying injured. Mohan Singh, Jagdarshan Singh and Amrik Singh PWs were present there near Surat Singh. Avtar Singh then told Mohan Singh about the assault on Amrik Singh deceased by Hazur Singh and Surjit Singh accused and Amrik Singh having died as a result of that assault. 5. Mohan Singh PW then went to the house of Charan Singh and saw the dead body of Amrik Singh lying there. Mohan Singh there after returned to the spot where Surat Singh was lying. Surat Singh was then taken on a cot to Jandiala Health center at a distance of 1 1/2 miles from Samrai. Dr. Prithavi Raj of Jandiala Health center found that the condition of Surat Singh was serious. Dr. Prithavi Raj accordingly called for the ambulance and after ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rik Singh PWs with regard to the assault on the two deceased persons near Patti Thakarwal gate was found to be interested and not worthy of credence. Likewise, the trial court did not accept the evidence of Avtar Singh and Pritam Singh PWs about the assault on Amrik Singh in the house of Charan Singh. No reliance was also placed upon the evidence of recoveries of different weapons. 11. The trial court further took the view that the information report was not lodged at the time in purported to have been done. 12 On appeal the High Court took the view that the evidence of Mohan Singh, Jagdarshan Singh and Amrik Singh PWs was reliable and convincing. The High Court excluded from consideration the evidence of Avtar Singh and Pritam Singh Pws regarding the assault on Amrik Singh at the house of Charan Singh but that fact, in the opinion of the High Court, did not make any material difference. The trial court, it was observed by the High Court had brushed the substratum of the prosecution case for insignificant reasons which could hardly bear the test of a closer scrutiny. The approach of the trial court to the case as a whole and its appreciation of the evidence was found to be cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e caused by the accused appellants. In support of its allegation, the prosecution has examined Mohan Singh (PW 5), Jagdarshan Singh (PW 6) and Amrik Singh (PW 7) as eye witnesses of the occurrence near Patti Thakarwal gate. It is primarily upon the evidence of there three witnesses that the High Court has based the conviction of the accused appellants. After having heard the learned Counsel for the parties, we find no particular reason to interfere with the appreciation of the evidence of these witnesses by the High Court, Mohan Singh, Jagdarshan Singh and Amrik Singh (PWs.) have deposed as to how the accused appellants attacked the two deceased persons near Patti Thakarwal gate. It is also in the testimony of these witnesses that when Amrik Singh ran away after being hit with a barchha by Harbans Singh accused, he (Amrik Singh) was followed by Hazur Singh accused and Surjit Singh, who were at that time holding unsheathed kirpans. These witnesses have further given evidence about the injuries caused to Surat Singh by the accused appellants. There is in our opinion, no cogent ground to disbelieve the evidence of the above mentioned three witnesses. Mohan Singh PW is no doubt the fat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ody of Surat Singh would not show that the evidence of Mohan Singh, Jagdarshan Singh and Amrik Singh was cannot be relied upon and that the appreciation of their evidence by the High Court suffers from any infirmity. 20. The conclusion of the trial court that the first information report was not recorded at the time it purports to have been done, in our opinion, was rather far-fetched and not warranted by the material on record. The trial court in arriving at this conclusion took note of the fact that the copy of the first information report reached the Talaka magistrate at Jullundur at 7.15 a.m. on the following day. Jullundur is at distance of about 16 miles from police station Narmahal. It is in the evidence of ASI Surat Singh, who was deputed by Sub Inspector Kartar Singh to go to Jullundur for recording the dying declaration of Surat Singh deceased, that he could get no conveyance to go to Jullundur on the evening of the day of occurrence. If the assistant Sub Inspector could get no conveyance to go to Jullundur on the evening of the day of occurrence, the same difficulty must have been encountered by the constable who was deputed to take the copy of the first information r ..... 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