Judgment

AHMADI, J.:- The respondent Sohan Singh and his brother were put up for trial for the murder of Darshan Singh, a nihang. Sohan Singh was convicted under S. 302, I. P. C. and was sentenced to life imprisonment and a fine of Rs. 2,000/-, in default further rigorous imprisonment for two years. He was also convicted under S. 27 of the Arms Act and was sentenced to undergo rigorous imprisonment for six months. The substantive sentences were to run concurrently. Sohan Singh preferred an appeal challenging his conviction, being Criminal Appeal No. 736 of 1976. The High Court allowed his appeal accepting his defence plea that he had fired a fatal shot in self-defence. The High Court, therefore, acquitted him of all the charges and it is against that order of acquittal that the present appeal by special leave is preferred.

2.The facts, briefly stated are that on October 14, 1975 while Sohan Singh and his brother Manohar Singh were sitting on a platform in front of the house of Darshan Singh the latter objected to the use of foul language and asked them to leave the place. Sohan Singh and his brother left the place. On October 15, 1975 both of them are alleged to have manhandled Major Singh, younger brother of the deceased Darshan Singh. Major Singh, a school going boy, complained about the same to his brother Darshan Singh. It is the prosecution case that thereafter on the next day, October 16, 1975, at about 2 p.m., when Darshan Singh and Major Singh were at their residence Sohan Singh armed with a gun and Manohar Singh armed with a spear stood in front of their house and raised khanguras. Thereupon, Darshan Singh came out and told them if they were not satisfied with the beating they had given to Major Singh on the previous day. On this, Manohar Singh asked Darshan Singh to come out and so saying Sohan Singh and Manohar Singh walked along the lane. Darshan Singh and Major Singh followed them empty handed while their mother Puran Kaur trailed behind them. When Sohan Singh and his brother reached the spot near the house of Teja Singh, Darshan Singh and Major Singh asked them to stop whereupon Sohan Singh is alleged to have fired a shot from his pistol which hit Darshan Singh on his chest. Mohinder Singh, a third person, claims to have seen Sohan Singh and Manohar Singh running away from the place of occurrence with their weapons. Darshan Singh died on the spot. Major Singh went to the Police Station Sirhali, 8 miles away from the place of occurrence, and lodged the First Information Report at about 5.40 p.m. which reached the Magistrate at Tarn Taran at 1 1.00 p.m. P.W. 1, Dr. P. S. Virk,. who conducted the autopsy on October 17, 1975, at about 8.00 a.m., found a lacerated entrance wound with inverted margins 3 x 1-1/2 cm. on the left side of the chest, 5 cm. medial to left nipple. There was an exit wound 3.5 x 1.5 cm. on the left lateral side of the chest, 8 cm. below the axilla. Dr. Virk opined that these injuries were antemortem in nature and caused by a fire-arm. Both the injuries were the result of a singlegun shot and were sufficient in the ordinary course of nature to cause death.

3. The prosecution placed reliance on the ocular evidence of Major Singh and Puran Kaur, the brother and mother of the deceased, and sought corroboration from the evidence of Mohinder Singh who claims to have seen Sohan Singh and his brother running away from the place of occurrence with their weapons. Sohan Singh, on his arrest on October 22, 1975, is alleged to have made a disclosure statement leading to the recovery of the pistol used in the commission of the crime. An empty cartridge which was received from the place of occurrence was sent to the Ballistic Expert who opined that it was fired from the pistol attached at the instance of Sohan Singh. The defence of Sohan Singh was that he had fired the shot in self-defence when he saw Darshan Singh threatening to injure him with a sua.His case was that while they were passing along the lane Dars