Sikri, J. - (1.) This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad dismissing the appeal of Hazara Singh and confirming the sentence of death passed by the Additional Sessions Judge.
(2.) No question of law is involved in this appeal but the learned Counsel for the appellant has tried to throw suspicion on the story of the prosecution accepted by the learned Additional Sessions Judge and the High Court. The prosecution story accepted by the High Court is that on the evening of October 7, 1965, a quarrel took place between Karnail Singh, deceased, and Hazara Singh, appellant, over the buffalo of Karnail Singh entering the field of Hazara Singh. Although the parties were separated Hazara Sing threatened Karnail Singh that he would deal with him later on. During the night Hazara Singh entered the house of Karnail Singh at about 3 A. M, and attacked him with an axe. Karnail Singh's wife, Dalip Kaur, P. W. 13, his daughter Sukhwant Kaur, P. W. 14, and two neighbours Raghubir Singh P. W. 12 and Harmohendra Pal Singh, P. W. 15, ran to the scene of occurrence and saw Hazara Singh assaulting Karnail Singh. Hazara Singh was pursued for a short distance but he escaped. Harmohendra Pal Singh, after arranging a bullock cart, took Karnail Singh to the Police Station Sitarganj where First Information Report was lodged at 8-10 A. M. on October.8, 1965. Karnail Singh was sent to the hospital. Dr. D. C. Pandey attended on him and found two lacerated wounds on Karnail Singh, one above the left eye-brow and the other on the right side fore-head. Under the latter injury, the temple bone had been fractured. There was also a marked depression on the right side of the scalp and an abrasion below the above injury. On the advise of Dr. D. C. Pandey, Karnail Singh was taken to Rudrapur hospital, where he was examined by Dr. N. C. Pandey at 3-30 P. M. The doctor sent for a Magistrate to record the dying declaration of Karnail Singh. On October 8, 1965, at 415 P. M. the following dying declaration was recorded: "Hazara Singh has assaulted me while I was sleeping at my house. He has assaulted me between 3 and 4 O'clock in the night. I was sleeping outside the house within the compound. My wife and the members of my family were sleeping there. He had come alone to assault me. He assaulted me with an axe. Then I became unconscious." The dying declaration is signed by the Magistrate. There is a certificate by the Doctor that "Karnail Singh was in a fit condition to give dying declaration, speak and understand the question."
(3.) Both the High Court and the learned Additional Sessions Judge relied on the dying declaration and the evidence of the four witnesses mentioned above. The learned Counsel for the appellant contends that the investigation was belated and it was deliberately delayed at the instance of Harmohendra Pal Singh. The learned Counsel says that what happened in fact was that Harmohendra Pal Singh assaulted Karnail Singh and with a view to cover up his part he made a false First Information Report and coached Karnail Sigh, who was most of the time unconscious, to say that it was Hazara Singh who had assaulted him:He says that otherwise it is unbelievable that the Police would not start investigations on the case till October 14, 1965.;