Judgment

KHANNA, J. :- This is an appeal by special leave by the State of Punjab against the judgement of the Punjab and Harayana High Court, setting aside in appeal the conviction of the seven respondents and acquitting them.

2. The respondents were prosecuted on the allegation that on July 5, 1966 at about 6 p.m., Amrik Singh and Ajit Singh PWs went to the haveli of Bahadur Singh in village Ramana Chak to purchase milk. The seven then came there. Two of the respondents, Sucha Singh and Jagir Singh, were armed with takwas. Dasondha Singh had a gun. Pal Singh, Gurdial Singh and Dilip Singh had a dang each, and Ajit Singh was armed with a spear. It is stated that Desondha Singh fired from his gun to deter others, while the remaining respondents caused injures to Ajit Singh (PW 2) and Amrik Singh (PW 3). Ajit Singh & Amrik Singh were thereafter taken to V. J. Hospital, Amritsar. Statement PA of Ajit Singh was recorded in the hospital by ASI Dalbir Singh at 2.15 p.m. on July 6, 1966. The statement was thereafter sent to police station Jandiala which is at a distance of about ten miles from the place of occurrence. A formal first information report was prepared at the police station on t