Judgment

MATHEW, J.: - This is an appeal, by special leave, against the judgment of the High Court of Punjab and Haryana confirming the conviction of the appellant of an offence under S. 302 read with S. 34 of the I.P.C. and imposing the sentence of imprisonment for life for the offence by the Sessions Judge, Hissar.

2. The prosecution case was as follows. On 4-9-1969 at about 5 P. M. Thandu Ram of village Sabarwas was going out of his house and when he reached near the Chabutra of Gopal, he saw Girdhari Nirab and asked him to tell as to when his turn of water would commence. Girdhari replied that he would tell about that shortly and went towards his house. Bhallu and Kurra, having lathis with them came from the back side of Thandu Ram and gave one lathi blow each to him (Thandu Ram). They also tried to drag Thandu Ram but Mool Chand (PW-4) came there and saved him. At that time, the appellant and Hari Singh were sitting on the chabutra in front of their house along with Ram Sarup. The appellant was armed with Jaili and Hari Singh with a gun which belonged to Ram Sarup. The appellant and Hari Singh shouted to Bhallu and Kurra to drag Thandu Ram to that place. Kurra and Bhallu dragged Thandu Ram for 2/3 karams. At that time Biru and Bhana reached there. Mool Chand, Biru and Bhana intervened and prevented Kurra and Bhallu from dragging Thandu Ram further. The appellant and Hari Singh, followed by Ram Sarup, came towards Thandu Ram and when they were at a distance of 5/6 karams, the appellant exhorted Hari Singh to shoot at Thandu Ram. Hari Singh thereupon fired at Thandu Ram but by that time Thandu Ram s daughter Mst. Indro came there and the shot hit her. Mst. Indro, on receipt of the shot fell down. The appellant again exhorted Hari Singh to fire at Thandu Ram because the first shot did not hit Thandu Ram. and when Hari Singh tried to reload the gun, Mool Chand snatched the gun from him. The appellant aimed his Jaili towards Mool Chand but he warded it off by the gun in his hands which was broken as a result of the blow. Ram Sarup tried to snatch the gun from Mool Chand but in the meantime, Ram Chander, son of Thandu Ram came there and gave a lathi blow on the head of Ram Sarup. The appellants Hari Singh, Ram Sarup, Kurra and Bhallu then went towards the house of appellant. Thandu Ram and others brought Mst. Indro to the house. She was alive at that time. The injuries of Indro were bandaged. No arrangement for the conveyance to take her to the hospital could be made. Indro died at 7.30 P. M.

3. After the death of Mst. Indro, Thandu Ram left for the police station and lodged the first information report at 2 A.M. which was recorded by Rameshar Dass, S.H.O., P. S. Bhuna. The Sub-Inspector accompanied by Thandu Ram came to the spot at 5 A.M. He found the dead body of Mst. Indro lying at the house of Thandu Ram. He prepared the inquest report and sent the dead body for post-mortem examination. Thandu Ram also produced the gun and the cartridge (empty) before the Sub-Inspector who took them into possession. Rameshwar Dass, S. I. arrested the accused on September 12, 1969, from near the village Kumharia, and after the usual investigation, the accused were challaned.

4. On the basis of the evidence of the witnesses. the trial Court found that the following facts were established. Ram Chander (PW-10) is the son of Thandu Ram (PW-3) and Biru(PV-5) is the son of Jot Ram brother of Ram Lal who was the grand-father of Thandu, Mool Chand (PW-4) is the great-grandson of Dilsukh brother of Ram Lal and Jot Ram. About 1 1/2 years prior to the date of the occurrence, Duli Chand and Risal Singh, sons of Thandu Ram who were in army service had purchased land in village Sabarwas for Rs. 35,000/- and at the time of the purchase, the land was under the cultivating possession of Hunta father of Kurra accused. Duli Chand and Risal Singh had made an application for ejectment of Hunta in the revenue Court and this application was pending at the time of the