Judgment

RAY, J.: - This is an appeal by special leave from the judgment dated 26 May 1970 of the High Court of Punjab and Haryana convicting the appellant under Section 302 of the Indian Penal Code on two counts and under Section 307 of the Indian Penal Code and confirming the sentence of death passed on the appellant by the Sessions Court.

2. There were seven accused. All of them were tried for the murderous assault on Charan Singh. The Sessions Court acquitted five accused and one of the accused had died previous thereto. The Session Court convicted the appellant.

3. It is not necessary to refer to the facts of the prosecution case because counsel for the appellant raised only two contentions. First, that the cartridges which were recovered from the spot were not fired from the rifle which was recovered from the possession of the appellant Secondly, that the number of magazine in the report of the forensic expert was not to be found in the rifle recovered from the possession of the appoint.

4. The recovery of rifle from the possession of the appellant was spoken to by Gurdial Singh P. W. 6 He went to the police station for securing his gun licence. In his presence the Assistant Sub-