Decided on March 17,1950

CROWN Appellant
Karam Singh Sadhu Singh Respondents


Teja Singh, C.J. - (1.) THIS is a reference by the learned Ses, J., Kapurthala, for the confirmation of the sentence of transportation for life that he has awarded to Karnam Singh, a Labana of village Nangal Labana, whom he has found guilty of the murder of one Jhanda Singh and has convicted under Section 302, Penal Code.
(2.) THE deceased and the accused were cousins to each other, the father of the accused being the brother of the deceased's mother. Originally, the accused belonged to Anr. village, but it is alleged, & this fact was not denied by the accused that he had been living in a Kothri in the house of the deceased for about 20 years before the occurrence. Janda Singh had a well about 500 karams from the village Abadi and he slept there on the fateful night i.e., the night between the 8th and 9th October with a view to keep watch over his maize fields. It was discovered on the morning of the 9th that he had been attacked and killed by some one during the night. When the news spread in the village Mt. Harnam Kaur, widow of the deceased, & a number of other people collected on the spot. Jamadar Mihan Singh went to the Police Station which is about 6 Kos from the village & lodged the first information report at noon time. It was mentioned in this document that Mihan Singh had learnt from Sadhu Singh Chaukidar that Jhanda Singh had been murdered at the hands of some unknown person & since the Chaukidar had been deputed by the Panchayat to keep watch over the dead body Mihan Singh had been entrusted with the duty of reporting the matter to the Police. The Assistant Sub -Inspector who recorded the first information report reached the village about 4 in the afternoon. He found Karam Singh in the custody of the Panchayat. What had happened was that when the village people arrived on the spot & questioned Mt. Harnam Kaur, she told them that Karam Singh had murdered her husband. On this four or five men proceeded to Karam Singh's house & brought him to the place where lay the dead body. There he was interrogated. At first he denied all knowledge of the incident but later on made a clean breast of the whole affair and admitted having killed the man with his kirpan. On being questioned about the kirpan, Karam Singh took the members of the Panchayat to his house and brought out the weapon from a Kothri. He was again brought to the spot with the kirpan and kept there till the arrival of the Police. We are also told that the shirt that Karam Singh was found wearing at the time the Panchayat got hold of him had blood marks on it. The A.S.I. took bold of both the kirpan & the shirt & put them under proper cover and seal. The shirt was later sent to the Chemical Examiner. The report of the Chemical Examiner taken together with that of the Imperial Seriologist would go to show that the stains on the shirt were those of the human blood. It may here be mentioned that the Imperial Seriologist's report was received affect the conclusion of the trial in the Court below & accordingly could not be used as evidence at the trial. Since no blame could attach to the prosecution for the delay we allowed the Assistant to the Advocate General to tender the document as evidence in this Court. The prosecution maintains that the reason that led Karam Singh to commit the crime was that he had contracted illicit intimacy with Mt. Harnam Kaur during Jhanda Singh's lifetime & two or three days before the occurrence Jhanda Singh asked him to leave his house because he had come to know of the intrigue between the two & deeply resented it.
(3.) NATURALLY , there was no direct evidence to connect the accused with the crime. We have, however, the evidence regarding the motive and the confessional statements made by him (i) to Mt. Harnam Kaur, (ii) to members of the Panchayat, & (iii) before S. Jasjit Singh, Tehsildar and Mag. 1st Class. In addition we have the evidence regarding a number of circumstances which corroborate the confessional statements in some respects.;

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