Judgment

Nanavati, J.-G.S. Walia, a close relative of deceased Balwant Singh has filed this appeal after obtaining leave of this Court. It is directed against acquittal of the respondent Nos. 2 to 6 (hereinafter referred to as ‘accused’) by the High Court. The trial Court had convicted them under Section 148 and Section 302 read with Section 149 IPC.

2. The trial Court accepted the prosecution case that Gurbachan Singh, Harbans Singh, Harjeet Singh, Balwinder Singh, and Avtar Singh had assaulted Balwant Singh on 29.5.1986 at 7.30 p.m. with iron rods, a tyre lever and an axe and that Balwant Singh subsequently died on 16.6.1986 as a result of those injuries. The conviction by the trial Court was based mainly upon the evidence of Kesar Singh, PW 4 and the statement of Balwant Singh himself to the police on the basis of which an offence was registered against the accused.

3. The High Court disbelieved the evidence of Kesar Singh on the grounds that he was a chance witness, that he was closely connected with the deceased, that his statement was recorded after 6-7 days and that his subsequent conduct was so unnatural as to create a doubt regarding his presence at the time of the incident.