Judgment

RAY, J.: - This is an appeal by special leave from the judgment dated 9 February, 1970 of the High Court of Punjab and Haryana convicting the appellant under Section 302/34 of the Indian Penal Code for the murder of Mohinder Singh and confiming the death sentence imposed upon him by the Sessions Court.

2. The appellant was sentenced by the Sessions Court to death on three counts, namely, under Section 302 o the Indian Penal Code for causing the murder of Mohinder Singh and under Section 302/34 of the Indian Penal Code for causing the murder of Mukhtiar Singh alias Mukha and Lachhman Singh. Kala Singh was sentenced by the Sessions Court to life imprisonment on two counts under Section 302/34 of the Indian Penal Code for the murder of Mukhtiar Singh alias Mukha and Lachhman Singh Both of them preferred appeals to the High Court. The sentence of death passed by the Sessions Court on Chanan Singh was before the High Court for confirmation.

3. The High Court acquitted Kala Singh and accepted his appeal The appeal of Chanan Singh was accepted as to the offence for causing the murder of Mukhtior Singh and Lachhman Singh and he was acquitted of these offences. His conviction was however upheld for the murder of Mohinder Singh. The sentence of death passed upon Chanan Singh was confirmed.

4. The alleged occurrence was on 9 December, 1968 between 9 and 9.30 p. m. at the house of Chanan Singh in village Hijravan Kalan in the district of Hissar in Haryana. Three persons died of gun shot wounds. They were Mohinder Singh, Mukhtiar Singh alias Mukha and Lachhman Singh. The prosecution case rested on the single eye witness Shangara Singh.

5. Shangara Singh is a resident of village Ali Musa about three miles from Hijravan. He is a relation of Mohinder Singh deceased. Kala Singh was a partner of Chanan Singh in the cultivation work Mohinder Singh deceased and his brother Pishora Singh resided at a field known as Dhani at a distance of about one mile from the resident of Chanan Singh Mukhtiar Singh was the son of Pishora Singh.

6. The prosecution case was that on the date of the Incident Shangara Singh went to Fatehabad to buy a few things. There he met Mohinder Singh, Mukhtiar Singh, Lachhman Singh and Chanan Singh, Mukhtiar Singh purchased some cloth from the shop of one Diwan Chand. Mohinder Singh asked Shangara Singh to come back with them to their village. All the four Mohinder Singh Mukhtiar Singh Lachhman Singh and Chanan Singh had come on horse back and tied their horses at the house of Harnam Singh. They all went to the house of Harnam Singh Harnam Singh s daughter Balvinder Kaur handed over a stitched ladys shirt and a salwar to Mohinder Singh Chanan Singh purchased two bottles of liquor and some cooked potatoes and vegetables. They all thereafter left for Hijravan. When they were about 5 or 6 killas away from Hijravan, Dulip Singh met them. Chanan Singh exchanged greetings with Dalip Singh Lachhman Singh all along carried a gun. Chanan Singh invited all of them to drinks and snacks at his house. They started drinking. They were sitting on cots. A little later Pritam Singh came to ask for some Mexican wheat seeds from Chanan Singh Chanan Singh asked him to come the following day. Pritam Singh went away. Mukhtiar Singh drank two pegs and thereafter lay on the cot and did not drink any more. The other persons finished the two bottles. They all ate some potatoes and tomatoes. At about 9 p. m. Chanan Singh demanded from Mohinder Singh repayment of the loan of Rs. 500. Mohinder Singh said that Chanan Singh had earlier disgraced him in the presence of his brother Pishora Singh. Mohinder Singh stated that he would not take food with Chanan Singh and would leave. Chanan Singh also got up from the cot. Mohinder Singh was wrapping his loi (wrapper) to go away. Chanan Singh at that moment went inside the house and returned with his gun. He immediately fired at Mohinder Singh near his left ear. Mohinder Singh fell down. Chanan Singh again loade