Judgment

SARKARIA, J.:- This appeal by the State of Punjab is directed against a judgment, dated July 22, 1975, of the High Court of Punjab and Haryana, whereby the appeal of the respondents (hereinafter referred to as the accused) was accepted and they were acquitted of the doublemurder charge against them. The prosecution story narrated by Resham Singh (P. W. 2), who claims to be an eye-witness of the occurrence, runs as follows :

Resham Singh (P. W. 2) used to live with his brother-in-law, Hazara Singh deceased, in a hamlet, in the fields out-side the habitation of village Cheema. One Ajit Singh of village Dhual was murdered, and Wassan Singh accused and his party-men were tried therefor. At the trial, Hazara Singh deceased appeared as an eye-witness of that murder. The trial Court convicted Wassan Singh and his companions in that case. They went in appeal to the High Court. Pending the appeal the High Court enlarged Wassan Singh accused on bail. The occurrence now in question in the instant case, took place when Wassan Singh was on bail.

2. The lands of Avtar Singh, Mukhtar Singh and Harbhajan Singh accused (respondents) adjoin the lands of Hazara Singh deceased. Three or four days prior to the incident in question, the cattle of these accused persons trespassed on the land of Hazara Singh and damaged his cotton crop. Thereupon, a sharp altercation took place between Hazara Singh and Resham Singh on one side, and Harbhajan Singh and Mukhtar Singh on the other. Gajjan Singh son of Gopal Singh resident of the village interceded and pacified the parties. Joginder Singh accused respondent is the brother of Mukhtar Singh accused respondent, while Harbhajan Singh respondent is their first cousin. Mukhtar Singh and Harbhajan Singh accused are alleged to be partymen of Wassan Singh.

3. On August 4, 1973 at about 3-30 p.m., Resham. Singh (P. W. 2), Resham Singh (deceased) son of another Hazara Singh and Hazara Singh deceased were proceeding by the foot-path from the Bus Stand Amarkot to their hamlet. On the way Bachan Singh, brother of Hazara Singh, met them and proceeded, along with them. When they reached near the fields of Jarmaj Singh Sarpanch of Mahmoodpura, all the six accused, namely, Wassan Singh, Baj Singh, Meja Singh, Joginder Singh, Mukhtar Singh and Harbhajan Singh emerged from the Sann crop and came to the bank of the water course. Baj Singh was armed with a pistol and the other five accused were armed with rifles. Wassan Singh, Joginder Singh and Mukhtar Singh fired their rifles at Hazara Singh. The rifle shots hit Hazara Singh on the left side of his head, and he dropped dead. Resham Singh (P. W. 2), Bachan Singh and Resham Singh deceased started running towards the ploughed fields. Meja Singh, Harbhajan Singh and Baj Singh chased them. Meja Singh and Harbhajan Singh encircled Resham Singh deceased and shot him dead with rifleshots. Baj Singh chased Resham Singh (P. W. 2) and Bachan Singh (P. W. 3) and fired at them with his pistol. When these two were running away, the other two accused also fired at them. Resham Singh and Bachan Singh, however, succeeded in escaping unhurt. Resham, Singh (P. W. 2) immediately reached the Bus Stand Amarkot, picked up his motor-cycle which was lying there at shop and drove fast to Police Station Valtoha, where he lodged the First Information Report (Ex. PE) at 4-30 p.m. Police Sub-Inspector Bashambar Lal recorded the report of Resham Singh and sent a copy. of the same as a special report to the superior officers, including the Judicial Magistrate, First Class at Patti, who received the copy of the F.I.R. at 6-30 p.m., on the same day. While running away from the spot, Resham Singh (P.W. 2) had left behind his shoe (Ex. P-1). near the scene of murders.

4. Sub-Inspector Bashambar Lal reached the scene of occurrence at 5-30 p.m. and started investigation. He prepared the inquest reports regarding the deaths of Hazara Singh and Resham Singh deceased persons. He also took into possession blood