Case: Asa Singh &amp; Others Vs. State of Punjab

and in my defence I also caused some injuries to Hardev Singh, Sarwan Singh and Gurmit Singh." No evidence was produced in defence. 9. The learned Sessions Judge accepted the prosecution case regarding the infliction of injuries by the five accused. He was also of the view that the eye witnesses had attempted to suppress the part played by them and the deceased regarding the injuries to be found on the person of Asa Singh. This fact in the opinion of the Sessions Judge did not justify rejection of the evidence of the eye witnesses.The version of the accused was rejected. The accused were accordingly convicted and sentenced as above. The High Court also took the same view of the evidence as had been taken by the Sessions Judge. The conviction of the accused was conseqeuntly upheld. 10. There can be no manner of doubt that Hardev Singh, Sarwan Singh and Gurmit Singh were killed as a result of murderous assault upon them. Dr. Radha Krishan who performed post-mortem examination on the three dead bodies found nine injuries consisting of six incised wounds, one penetrating incised wound, one abrasion and one injury caused by the twisting of right arm on the body of Hardev Singh. Out of them, the following two injuries of Hardev Singh were individually sufficient to cause death in ordinary course of nature :"(1) An incised wound 4" x 1" x bone and brain deep on the left side of the scalp 3" above and parallel to the pinna of left ear cutting through the underlying lobe bone. (2) A penetrating incised wound 2" x 1/2" x deep into the abdominal cavity on the right side of the abdomen 1/2" below the right costal margin with part of small intestines protruding through the wound." 11. Sarwan Singh was found to have four injuries consisting of three incised wounds and one penetrating incised wound on his body. The following two injuries of Sarwan Singh were individually sufficient to cause death in ordinary course of nature :"(1) A penetrating incised wound 2" x 3/8" x deep into the left chest cavity on the left side of front of chest at the level of third left intercostal space along the left border of sternum. (2) An incised wound 2" x 1/2" x 5" deep on the front and upper third of left thigh." Left femoral artery was found cut underneath injury No. 2.12. Gurmit Singh had three incised wounds on his body. The following injury of Gurmit Singh was sufficient in ordinary course of nature to cause death."An incised wound 21/2" x 1/2" x deep and cutting up to the liver substance on the right side in front of chest, in the right mammary line 41/2" below the right nipple in the 9th intercostal space cutting through the 9th rib costal cartilage." 13. According to the prosecution case, the injuries on the bodies of Hardev Singh, Sarwan Singh and Gurmit Singh were caused by the five accused in the circumstances given above. The accused, however, denied that allegation. We have been taken through the evidence on record and are of the view that the case against Asa Singh, Sewa Singh, Darshan Singh and Kehar Singh accused-appellants has been fully proved. Swaran Singh (P.W. 3) Sohan Singh (P.W. 4), Surinder Singh (P. W. 5) and Surjeet Singh (P. W. 6) have deposed about the causing of the injuries by Asa Singh, Sewa Singh, Darshan Singh and Kehar Singh as alleged by the prosecution. The evidence in this respect was accepted by the Courts below and Mr. Kohli, who took us through that evidence, has not been able to point out anything as may induce us to take a different view.The part attributed to Asa Singh, Sewa Singh, Darshan Singh and Kehar Singh by the eye witnesses is in accord with the medical evidence and we find no cogent ground to disbelieve the evidence of the eye witnesses in this respect. The evidence of eye witnesses is also corroborated by the fact that spear P. 1 stained with human blood was secured from Asa Singh. Likewise, spear P. 2 and kirpan P. 3 both of which were stained with human blood, were recovered in pursuance of the disclosure statement of Darshan Singh and Sewa Singh accused. 14. The defence version given by Asa Singh and Darshan Singh is not at all convincing and has been rightly rejected by the Courts below. It is in our opinion, most difficult to believe that Asa Singh and Darshan Singh would escape with minor and superficial injuries if they were attacked in their house by Hardev Singh, Sarwan Singh and Gurmit Singh who were said to have been armed with weapons. According to Dr. Mela Singh, the injuries which were found on the persons of those two accused were of a simple nature and most of them were of a superficial character. 15. Coming to the case of Iqbal Singh, we find that according to the prosecution case, he was armed with a spear and gave a spear blow on the thigh of Sarwan Singh and in the chest of Gurmit Singh. None of the two injuries which were attributed to Iqbal Singh were found by Dr. Radha Krishan to be penetrating or punctured wounds. There is not even the evidence of the doctor that the injury on the thigh of Sarwan Singh and the wound in the chest of Gurmit Singh could be caused with a spear. The nature of the two injuries in question, in our opinion, was such that it seems likely that they were caused with a Kirpan and not with a spear. 16. Another circumstance of which note may be made is that no spear, much less a blood stained spear, was recovered during the investigation of the case from Iqbal Singh or at his instance. We thus find that there are circumstances which create reasonable doubt regarding the complicity of Iqbal Singh. Iqbal Singh must necessarily have been benefit thereof.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]We have been taken through the evidence on record and are of the view that the case against Asa Singh, Sewa Singh, Darshan Singh and Kehar Singhs has been fully proved. Swaran Singh (P.W. 3) Sohan Singh (P.W. 4), Surinder Singh (P. W. 5) and Surjeet Singh (P. W. 6) have deposed about the causing of the injuries by Asa Singh, Sewa Singh, Darshan Singh and Kehar Singh as alleged by the prosecution. The evidence in this respect was accepted by the Courts below and Mr. Kohli, who took us through that evidence, has not been able to point out anything as may induce us to take a different view.The part attributed to Asa Singh, Sewa Singh, Darshan Singh and Kehar Singh by the eye witnesses is in accord with the medical evidence and we find no cogent ground to disbelieve the evidence of the eye witnesses in this respect. The evidence of eye witnesses is also corroborated by the fact that spear P. 1 stained with human blood was secured from Asa Singh. Likewise, spear P. 2 and kirpan P. 3 both of which were stained with human blood, were recovered in pursuance of the disclosure statement of Darshan Singh and Sewa Singh accused14. The defence version given by Asa Singh and Darshan Singh is not at all convincing and has been rightly rejected by the Courts below. It is in our opinion, most difficult to believe that Asa Singh and Darshan Singh would escape with minor and superficial injuries if they were attacked in their house by Hardev Singh, Sarwan Singh and Gurmit Singh who were said to have been armed with weapons. According to Dr. Mela Singh, the injuries which were found on the persons of those two accused were of a simple nature and most of them were of a superficial character15. Coming to the case of Iqbal Singh, we find that according to the prosecution case, he was armed with a spear and gave a spear blow on the thigh of Sarwan Singh and in the chest of Gurmit Singh. None of the two injuries which were attributed to Iqbal Singh were found by Dr. Radha Krishan to be penetrating or punctured wounds. There is not even the evidence of the doctor that the injury on the thigh of Sarwan Singh and the wound in the chest of Gurmit Singh could be caused with a spear. The nature of the two injuries in question, in our opinion, was such that it seems likely that they were caused with a Kirpan and not with a spear16. Another circumstance of which note may be made is that no spear, much less a blood stained spear, was recovered during the investigation of the case from Iqbal Singh or at his instance. We thus find that there are circumstances which create reasonable doubt regarding the complicity of Iqbal Singh. Iqbal Singh must necessarily have been benefit thereof.