Case: Chain Singh Vs. State of Punjab

1. The appellant, his father Karam Singh, his uncle Bawa Singh and Bawa Singhs son Charan Singh were tried by the Sessions Judge, Hoshiarpur for offences under Sections 302, 307 and 324 read with Section 34 I. P.C. in respect of the murder of one Darshan Singh on 12th October 1967. The learned Sessions Judge acquitted Karam Singh and on appeal the High Court of Punjab and Haryana acquitted Bawa Singh. Charan Singh has not filed any appeal. This appeal is by Chain Singh alone against the judgment of the High Court which modified the death sentence awarded to him by the Sessions Judge to one of imprisonment for life2. The day in question was the Dussehra Day. Sadhu Singh, P. W. 6, and his brothers, Ajit Singh, P, W. 9 and Malkiat Singh P. W. 11 as well as his cousin Lachhman Singh, P.W.10 and hisw Ajit Singh, P. W. 7 had gone to village Garhdiwala to witness the Dussehra festival. While they were returning therefrom the appellant, who came on a Cycle from behind them struck against Darshan Singh and a sharp exchange of abuses ensued between the deceased and the appellant, and Darshan Singh is alleged to have slapped the appellant. The appellant then went away towards his village and returned back with his father, uncle and uncles son. The appellant is then alleged to have fired shots from his gun hitting Darshan Singh who dropped down dead. Charan Singh fired shots from his pistol injuring PWs. 7 and 9. Karam Singh we alleged to have merely fired in the air from his pistol. Bawa Singh was alleged to have given barchhi blows to Ajit Singh, Malkiat Singh and Lachhman Singh. The appellant is alleged to have fired again hitting Malkiat Singh. Sadhu Singh himself claimed to have hid himself behind a tree and after the assailants went away he went to village Gondpur, arranged for a taxi and removed PWs. 7, 9 and 10 to Hoshiarpur Civil Hospital leaving PW 15 to guard the dead body of Darshan Singh. On the way PW 6 got down at the Police Station Hariana while the injured person were taken by another Sadhu Singh to Hoshiarpur. The FIR was lodged at 8 p. m. Ther of Police reached the spot at 9.15 p. m., held an inquest and sent the dead body to the Civil Hospital Hoshiarpur form examination. He found three empty cartridge cases near the dead body and 8 cartridge cases at some distance. He took all of them into possession. Them examination revealed that one of the two injuries caused on the body of Darshan Singh by fire arms was sufficient to cause death in the ordinary course of nature. The medical examination showed that PWs 7 and 9 had a number of gun shot wounds, PW 10 had two lacerated wounds and one contused wound, P W 11 one contused wound and two penetrating wounds. The appellant produced his single barrel gun and Charan Singh produced a country madee pistol. The ballistic expert gave evidence that five of the empty cartridges had been fired from the gun belonging to the appellant and that three of them were fired from the pistol belonging to Charan Singh. He was not able to give a definite opinion about the other three empty cartridges. On this evidence, as already mentioned, the Sessions Judge convicted three of the accused, except Karam Singh and the High Court on appeal acquitted Bawa Singh.

Reasoning: 4. We have set out at length the discussion of the prosecution evidence by the High Court, which shows how full, fair and unexceptionable the discussion and the conclusions arrived at by the High Court are. This Court in considering an appeal under the provisions of Article 136 of the Constitution does not reappraise the evidence unless there has been gross miscarriage of justice. We are satisfied that the conclusions of the High Court are correct and do not call for any interference at the hands of this Court. This appeal is, therefore, dismissed.