JUDGMENT

Ruma Pal, J.-This appeal has been preferred from the decision of the Punjab and Haryana High Court upholding the appellant s conviction under Section 302 of the Indian Penal Code (IPC). The appellant was found guilty by both the Trial Court and the High Court of having fatally shot one Arjun Singh. The appellant s challenge to this concurrent finding is two fold: first he says that the eyewitness account of his complicity was not credible; second, that even if one were to accept the eye witness evidence of the event, he could not have been convicted under Section 302 IPC as the death of Arjun Singh was in fact caused by renal failure, septicemia and respiratory failure.

2. In taking up the first plea, it would be well to keep in mind that this Court will not interfere with concurrent findings of fact unless there is strong reason to do so, such as a manifest error of law in arriving at the finding or when the finding is perverse in the sense that any material fact has been overlooked or is based on any legally inadmissible evidence.

3. The eye witnesses in this case were Nasib Singh (PW1) the deceased s son, and Banarsi (PW2), the deceased s brother. Shorn of unnecessary details, both of them testified that on 26.4.91, at about 5.30 p.m., the appellant armed with a revolver and his brother Kehar Singh, empty handed, came to the outside of the house of Shiv Dutt in a lane in village Sakra. Kehar Singh raised lalkara that the Sarpanch (Arjun Singh) should be shot and killed. Thereupon, the appellant fired three shots at Arjun Singh. The first shot hit Arjun Singh on the right side of his chest, the second hit him above the elbow of the left arm and the third on the left wrist. Both PW 1 and PW 2 raised an alarm. Arjun Singh collapsed. Arjun Singh was removed by PW 1 and PW 2 to the Primary Health Centre, Kaul. The doctor of the Centre gave some treatment to Arjun Singh but advised that he should be removed to Kaithal General Hospital. Zile Singh accompanied them from the Primary Health Centre, Kaul to the General Hospital, Kaithal. Arjun Singh was examined at Kaithal by the Doctor and was referred to the Post Graduate Institute (PGI), Chandigarh where Arjun Singh was ultimately admitted. Both PW 1 and PW 2 then left Chandigarh. PW 1 returned to his village, Sakra. He reached his village at 8.00 a.m. on 27th April 1991. He was on his way to Chandigarh via the Police Station at Dhand when the police met him and he made a statement (Ex.PA) before the police. The ploice thereafter accompanied PW 1 to the scene of the shooting. Arjun Singh expired on 1.5.91 in PGI.

4. Banarasi (PW 2) s account of the incident of the shooting was substantially the same. His statement was recorded by the police on 30th April 1991. In his cross examination, PW 2 stated that before the shooting, Arjun Singh was sitting in front of the house of Shiv Dutt when the appellant fired the first shot from a distance of six feet and then came forward by about one or two steps when the second shot was fired and the third shot was fired from about a distance of a 1/2 foot.

5. Both PW1 and PW2 stated that the motive for the appellant s killing Arjun Singh was because of a dispute over land which had resulted in a fight in which the appellant had received a gun shot injury in his abdomen. In the criminal case instituted in this connection, the appellant had alleged that he had been shot by Arjun Singh.

6. The Trial Court found that "PW1 and PW2 have withstood the test of their lengthy cross examination and nothing beneficial could come out to the defence. There is no material discrepancy or improvement in their statement which could go to the root of the case to dislodge the case of the prosecution".

7. In the case befour us, the appellant took a plea of alibi. According to the appellant, between 23.4.91 and 28.4.91, he was at Delhi along with Mukhtiar Singh (DW 3) and stayed at the house of Bhim Singh (DW 2). The evidence of DW 3 was rejected by the Trial Cour