- (1.) Appellant Jagjit Singh was tried alongwith Smt. Inderjit Kaur wife of one Tara Singh for offences punishable under Ss. 302/34 and 324 of the Indian Penal Code. The trial court acquitted the other accused but convicted the appellant u/s. 302 of the Indian Penal Code simpliciter and sentenced him to undergo imprisonment for life.
(2.) The appellant and the deceased Rajinder Kumar were friends. They were living in two adjoining rooms of Quarter No. 777/5-2 in B.S.L. Colony, Sundernagar. Three days before the occurrence, Smt. Inderjit Kaur, the acquitted accused, came from Punjab to meet the appellant and she was staying with him. Neither the appellant nor the deceased had their families with them and were living alone. On 9.03.1975, the deceased Rajinder Kumar, one Kulwant Singh and the appellant were having drinks in the evening in the room of Rajinder Kumar, deceased. The deceased had an eye on Smt. Inderjit Kaur, which led to a quarrel between them and the appellant gave blows with a dagger on the person of the deceased which proved fatal. The dead body was left in the room of the appellant alongwith blood-stained turban and blood-stained dupatta belonging to Smt. Inderjit Kaur. Immediately at the time of the commission of the crime, Smt. Inderjit Kaur is alleged to have come out of the quarter crying "Bachao Bachao, Mar Diya Mar Diya" which attracted the attention of the neighbours P.Ws. 4 and 5, who came out but Smt. Inderjit Kaur was so perplexed that she could not say anything. They noticed that her hands also were stained with blood. In the meantime, the appellant came out and took Smt. Inderjit Kaur inside. Kulwant Singh also came out of the room soon after the incident and he was terror-stricken and he was shouting that the appellant had murdered the deceased. This was seen by P.Ws. 2 and 3 who were also neighbours. Kashmiri Lal, P.W. 1, learnt about the incident and he alongwith others went to the quarter where the incident took place. He peeped into the room of the appellant and saw the dead body of Rajinder Kumar lying. The appellant and Smt. Inderjit Kaur were not to be seen. At 10.45 P.M., P.W. 1 went and gave a report to the police. P.W. 16, the S.H.O. registered the crime and immediately rushed to the scene of occurrence. He found the main gate of the quarter of the appellant locked. He broke open the lock and found the dead body of the deceased inside and he took photographs. He also inspected the adjoining room in which the deceased had been residing, collected the blood-stained earth, and held inquest. He searched for the accused but they were not to be found. Then ultimately they were arrested in Punjab. Dr. Jatinder Kumar, P.W. 12 who conducted the post-mortem, found a stab punctured wound on the left side of the chest. The depth was 19.5 cm. He found another incised wound in the same region, three punctured wounds on the right hypochondrium and large and small intestines were protruding out. The fourth incised wound was on the right back. On internal examination he found that left lung was cut and paricardium was also cut. The heart was having an incised punctured wound. He opined that these injuries were sufficient in the ordinary course of nature to cause death. The appellant after his arrest was examined by the Doctor and on him he found an incised wound on the palm of the left hand and another incised wound in the region of second metacarpal bone of left hand. During the course of the investigation, the police recorded the statement of Kulwant Singh and he was also produced for medical examination on 12.03.1975 and the Doctor found an incised wound on the back of his left lower leg in the region of the calf muscle. According to the prosecution case, when Kulwant Singh tried to intervene, he was also stabbed by the appellant. The plea of the appellant was one of denial When examined u/s. 313 of the Criminal Procedure Code he stated as under: "On 9.3.1975 myself and Smt. Inderjit Kaur accused were sitting in our kitchen and were preparing our meals, in the meanwhile Rajinder Kumar Bakshi came running towards our residential room uttering Bachao Bachao', Mar Dita. At that time my wife and children were present in the quarter. Rajinder Kumar Bakshi was followed by Kulwant Singh and one other whose name I do not know, came there after him and both of them were carrying knife in their hands. 1 tried to save Rajinder Kumar Bakshi from their attack i.e. of Kulwant Singh and his companion and in that efforts I received injury from Kulwant Singh's knife at my palm. Because of fear of Kulwant Singh and his companion I went to police post colony to lodge a report there that Rajinder Kumar Bakshi had been killed by Kulwant Singh. I was detained by the police in the police post and thereafter 1 do not know what proceedings were gone into by the police. I was detained by the police in the police post from 9.3.1975 to 14.3.1975 and on 14.3.1975 1 was produced before the Magistrate. 1 have not committed this offence of murder of Rajinder Kumar Bakshi. Hardayal Singh (P.W.) is the real brother of Kulwant singh and other P.Ws are their associates. I am innocent and have been falsely implicated." Kulwant Singh could not be examined as he left to Saudi Arabia and never came up before the court to give evidence. Relying on the circumstantial evidence the trial court convicted the appellant but acquitted Smt. Inderjit Kaur. The appeal preferred by the appellant was dismissed by the High Court.
(3.) From the above narration, it can be seen that at the relevant time the appellant and Smt. Inderjit Kaur were in the same quarter where the occurrence took place. Kulwant Singh was also present and they were taking drinks. The dead body was found with fatal injuries in the quarter occupied by the appellant. Upto this stage there is no dispute. While it is the case of the prosecution that Smt. Inderjit Kaur came out shouting "Bachao, Mar Diya Mar Diya", the case of the accused is that Rajinder Kumar, deceased came running to his quarter shouting "Bachao bachao, Mar Diya" and according to him it was Kulwant Singh who stabbed the deceased.;