- (1.) Hardial Singh accused respondent was challaned for the murder of Bhajan Singh. He was tried by S. Rajbir Singh Kang Sessions Judge of Sunam and acquitted. The State was not satisfied with the order of acquittal and have come up in appeal. to this Court.
(2.) The prosecution story as narrated during the trial briefly is as follows:- On 7-1-2004 (19-4-1947) in the afternoon, Hardial Singh respondeat was sitting on a platform in front of the house of one Gobinder Singh of his village. At that time, the deceased Bhajan Singh was seen going through the lane towards his threshing floor. Bhajan Singh was armed with a salang (an agricultural implement-fork with long handle). When the deceased reached dose to the respondent, the latter asked him if the gram corn was thrashed and ready for distribution. This inquiry related to the gram which were sown by Mota Singh in the field of the accused. The deceased who was occupancy tenant of the accused, had sublet this field to Mota Singh. On the inquiry of the accused about gram, the deceased used a filthy language in reply. The respondent objected to this. On this Bhajan Singh deceased attacked the respondent with his salang which he aimed at his head. The respondent had a Tir (a steel arrow) in his hand. He warded off the blow with that arrow. The deceased Bhajan Singh repeated the blow and, again aimed it towards his head. The accused respondent again warded it off. When the deceased Bhajan Singh was in the act of striking the third blow, the respondent hit him with the Tir which was already in his possession. The deceased on the receipt of this blow fell down. The accused-respondent left the place leaving his victim lying in the lane in from, of the house of Gobinder Singh. This occurrence was witnessed, according to prosecution, by Chand Singh P.W. 2, Phalli P.W. 3 and Bachan Singh P.W. 4. All these three prosecution witnesses have unanimously given the story narrated above. The learned Sessions Judge believing the story to be true, has acquitted the accused giving him the benefit of right of self defence.
(3.) Chand Singh P.W. after this occurrence left for Lehra Gaga where Gajja Singh the brother of the deceased, was employed. On reaching this place, Chand Singh told Gajja Singh about the death of Bhajan Singh. Gajja Singh then proceeded to the police station situate at the same place and made the F.I.R. Ex. P.A. at 6-30 P.M. This police station is situate at a distance of about two miles from the place of occurrence. After recording the report, the Sub-Inspector M. Inder Singh proceeded to the spot. On his arrival there, he found the dead body of Bhajan Singh lying at the spot. He prepared the injury statement of the deceased and also prepared the inquest report. He then sent for the respondent who was found at his own house. The respondent on getting the order of the investigating officer appeared before him. The Sub-Inspector recorded his statement. He also recorded the statements of witnesses and arrested the accused Hardial Singh. The respondent also produced the Tir Ex: P. 1 before the Sub-Inspector. The investigating officer then sent the dead body of Bhajan Singh for post mortem examination. Dr. Major Inder Singh held the post mortem examination on the dead body on 20-4-1947 at 10-30 A.M. He noted the following injury on his person: Stab wound 11/2" x 1/2" deep into the chest cavity on the left side of chest 11/2" below the left nipple.;