Judgement

SARKARIA, J. :- Jarnail Singh, Mukhtiar Singh and one Gurmail Singh were tried by the Sessions Judge, Ludhiana for the murder of Ajmer Lal. Gurmail Singh died during the pendency of the trial. Mukhtiar Singh and Jarnail Singh were convicted under Section 302 read with Section 34, Penal Code and each of them was sentenced to imprisonment for life and fine of Rupees 1000/-. They were further convicted under S. 27 of the Arms Act and sentenced to four years rigorous imprisonment, each. The sentences were directed to run concurrently.

2. On appeal, the High Court of Punjab and Haryana acquitted them by its judgment, dated 6-11-l973. Aggrieved by that acquittal, the State of Punjab has now come in appeal to this Court after obtaining special leave under Article 136 of the Constitution.

3. The accused-respondents are real brothers. Ajmer Lal deceased and Ramji Dass P.W. are also brothers. They were plying their private cars as taxis in Ludhiana and the surrounding areas. There was professional rivalry between them. On January 2, 1972 at 6 p.m. both the parties had parked their taxis near the Rikhi Theatre in Ludhiana. Two potential passengers approached the accused and inquired about the hiring charges for Phagwara. The accused quoted Rs. 25/- per passenger. Ajmer Lal deceased offered to charge Rs. 20/- per passenger. The accused then reduced their quotation to Rs. 15/-. The deceased and his brother Ramji Dass declared that they would give the passengers a free ride to Phagwara. A quarrel ensued between the competitors, in the course of which abuses were exchanged. Inderjit Singh (P.W.10) another taxi operator. interceded and disengaged them. The prospective passengers however went away without hiring any taxi. About 15 minutes after this quarrel, the accused drove off in their taxis, while the deceased and his brother stayed on till 8 or 8.15 p.m. when Traffic Constable Kirpal Singh (P.W. 7) came there. Kirpal Singh was in plain clothes. He was on friendly terms with the deceased and his brother. His wife and that of Ramji Dass both hailed from village Kular. Kirpal Singh told Ramji Dass that he was proceeding to Kular and if the latter had any message to deliver at Kular, the former would do so. Ramji Dass replied that he had to send some clothes of his brother-in-law. He requested Kirpal Singh to collect those clothes from the former s house. Kirpal Singh agreed. Thereafter Ajmer Lal deceased, Ramji Dass, Kirpal Singh and Rup Lal proceeded in the deceased s car No.-JKN-2727 driven by one Satish Kumar, to the houses of Ramji Dass and Ajmer Lal. Those houses are situated in a narrow street in Janta Nagar at a distance of three miles from the taxi stand. After covering 2 1/2 miles, when they reached the junction of the Gill Road and the street leading to the house of Ramji Dass. the driver reminded them that the car was running short of fuel.

Thereupon, Ajmer Lal, Ramji Dass, Rup Lal and Kirpal Singh alighted and proceeded to the house of Ramji Dass on foot while Satish Kumar took the car for re-fueling to the filling station on the Gill Road.

4. After the departure of the deceased and his companions from the taxi stand, Mukhtiar Singh and Jarnail Singh accused came there in truck No. PUL-475 driven by Gurmail Singh. Jarnail Singh got down from the truck. He was carrying a rifle. He was looking for Ajmer Lal and Ramji Dass who were not present there. Jarnail Singh then fired a shot in the air and proclaimed that they would see to Ajmer Lal and Ramji Dass. The accused then drove off in the truck and reached the entrance of the street leading to the houses of Ramji Dass and Ajmer Lal. They saw the deceased proceeding in the street. They stopped the truck there and challenged the deceased. Jarnail Singh and Mukhtiar Singh both were armed with rifles.

On hearing the challenge the deceased turned round. At this moment, he was hit in the abdomen by a bullet fired by Jarnail Singh. His companions, who were a little ahead of the deceas