JUDGMENT

Four persons, namely, Nanta Singh (accused No. 1), Banta Singh (accused No. 2), Charta Singh (accused No. 3) and Lakha Singh (accused No. 4) were tried for the murder of Santa Singh and for causing injuries to PW 4 - Nanak Singh by the learned Sessions Judge, Kapurthala. The learned Sessions Judge acquitted Charta Singh and Lakha Singh, accused Nos. 3 and 4, respectively. He, however, convicted Nanta Singh and Banta Singh, accused Nos. 1 and 2, respectively under Ss. 302/ 34 and 307, I.P.C. The High Court confirmed their conviction and sentence. Both Nanta Singh and Banta Singh sought special leave to appeal under Art. 136 of the Constitution. This Court by its order dated 17th December, 1979 refused to grant special leave to Nanta Singh. Special leave toappeal was, however, granted to the present appellant Banta Singh. He was also directed to be released on bail. In addition to the above four, one Jagjit Singh was also a companion of the convicted accused. He was absconding at the relevant point of time and, therefore, he could not be put up for trial along with aforesaid four persons. He was later tried and convicted for his role in the killing of Santa Singh. His conviction and sentence have become final. In other words, the conviction and sentence of Nanta Singh, original accused No. 1, and Jagir Singh have become final. We are, therefore, concerned with the question of involvement of the appellant Banta Singh only.

2. The prosecution case depends on the testimony of two eye-witnesses, namely, PW 3 - Kartar Singh and PW 4 - Nanak Singh who was injured in the incident. They are father and son. The deceased Santa Singh was the father of PW 3 and grandfather of PW 4. The incident in question occurred on 10th July, 1976 in their field at around midnight. Santa Singh, his son PW 3 Kartar Singh and his grandson PW4 Nanak Singh were in the field at the cattle shed to look after the cattle when the appellant and his companions went there armed with spears and launched an assault on Santa Singh as they suspected him to be a police informant. When PW4 - Nanak Singh intervened, he too was belaboured. PW 5 - Niranjan Singh who was in the neighbouring field arrived at the scene of occurrence on hearing the alarm. He was also informed by PWs 3 and 4 about the incident. His evidence has been tendered to lend corroboration to the evidence of PWs 3 and 4. The allegation is that the assault was opened by Jagir Singh on the deceased Santa Singh with a blow on the right side of his chest near the nipple. As a consequence of this blow, Santa Singh fell on his face. Immediateiy thereafter Banta Singh, the appellant, gave a blow on the back of the fallen Santa Singh. PW 4 - Nanak Singh who was by the side of his grandfather tried to intervene. Thereupon the appellant gave a blow with his barchhi on his left wrist. Nanta Singh, original accused No. 1, also gave a blow below the right nipple of Nanak Singh. PW 3 - Kartar Singh was at a distance at the time when this assault was launched. By the time he came near the injured, assailants had fled away.

3. The First Information Report was lodged by PW 3 - Kartar Singh at Police Station, Sultanpur at about 7.05 a.m. next morning i.e. on 11 th July, 1976. Before lodging this complaint. PW4 was admitted for treatment to the hospital in Sultanpur at a short distance from the Police Station. The postmortem of the dead body of Santa Singh was undertaken at about 12.30 p.m. on 11 th July, 1976. The statement of PW 4, who was then aged 15 or 16 years, was recorded around 3.00 p.m. Prior to that the statement of PW 5 - Niranjan Singh was recorded at about 11.00 a.m. after the police visited the scene of occurrence. It is, therefore, clear that the prosecution case mainly hinges on the evidence of PWs 3 and 4 and the evidence of PW 5 whose evidence is used to lend corroboration to the. evidence of the said two witnesses.

4. Learned counsel for the appellant submitted that the Trial Court had doubted the