IMPORTANT POINT
In an appeal against acquittal, paramount consideration of Court is to ensure that miscarriage of justice is prevented.

JUDGMENT

Arijit Pasayat, J.-These appeals relate to a common judgment of Punjab and Haryana High Court and, therefore, are taken up together for disposal. The appellants who faced trial for alleged commission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC ) and Sections 25 and 27 of the Arms Act, 1959 (in short the Arms Act ) were acquitted by the trial Court. By the impugned judgment, a Division Bench of the High Court reversed the judgment of acquittal and found the accused persons guilty of the charged offences and imposed life sentence for offence relatable to Section 302 read with Section 34 IPC. Accused Jas Ram and Main Pal were sentenced to undergo sentence of one year and six months respectively for offences under Section 27 and 25 of the Arms Act respectively.

2. Prosecution version in a nutshell is as follows :

Giarsi, younger sister of Ram Sarup (PW-1) was earlier married to Hans Raj (hereinafter referred to as "deceased"), son of Devi Lal (PW-2) about two months before the date of incident. Deceased was earlier married to Rukmani of Village Munda (Rajasthan), the sister of the two accused, namely Jas Ram and Main Pal. But she had committed suicide some time earlier and on this account, the relationship between Hans Raj and the two accused had become strained. On 15.11.1993, Ram Sarup (PW-1) came to Sirsa from his village Kenia to purchase some household articles. At about 5 to 5.50 p.m., he was returning to his village on foot when he met deceased Hans Raj and Devi Lal (PW 2) on the way and they continued to walk towards village Kenia. A short while later, they saw a motor cycle coming from the behind with two persons riding on it. Deceased Hans Raj was then walking slightly ahead of Ram Sarup (PW 1) and Devi Lal (PW 2). The motor cycle stopped near the deceased and the person who was driving the same i.e. Main Pal, addressed the person sitting on the pillon i.e. Jas Ram asking him to avenge the killing of their sister. Jas Ram immediately got down from the motor cycle and fired a shot from his country made pistol at Hans Raj, which hit him on the right side of his chest, as a result of which he fell down on the ground. PW-1 Ram Sarup raised an alarm on which accused Jas Ram called upon the driver of the motorcycle to get away. Both the accused then drove away on the motor cycle. Ram Sarup (PW-1) on looking around noticed that Devi Lal had run away on account of fear and that Hans Raj had died almost immediately. A short while later, Siri Ram, Ex-Sarpanch (PW-3) and Prabhu Ram, Sarpanch happened to reach the place of occurrence and Ram Sarup told them about what had transpired. Ram Sarup thereafter left for the police station, Sisra and lodged the FIR (Ex.PA) at 8.05 p.m. The special report was delivered to the illaqa magistrate at 9.30 p.m. the same evening. After recording the FIR, SI Ram Dhan (PW-9) and other police officials accompanied Ram Sarup to the spot. As it was dark, much progress in investigation could not be made, but was continued on the next morning, SI Ram Dhan inspected the dead body, recorded the inquest report and picked up blood stained earth, an attache-case and fired cartridge case from the spot. Accused Jas Ram surrendered in Court on 18.11.1993 and was interrogated by SI Ram Dhan in the presence of Balram (PW-6) and Devi Dutt. On a disclosure statement made by him, a country made, 12 bore pistol, (Ext.P-2) and two live cartridges were recovered. Accused Main Pal was arrested on 19.11.1993 and was interrogated and on his disclosure statement a country made, 12 bore pistol (Ex. P-3) and three live cartridges were recovered. The spent cartridge cases and the pistols were sent for comparison to the Forensic Science Laboratory, Madhuban, which opined vide its report Ex. PN that one of the cartridges matched the weapon recovered at the instance of accused Main Pal.

3. In order to substantiate the accusations, prosecution examined 9 w