JUDGMENT

PUNCHHI, J.:- This appeal under S. 379 of the Criminal Procedure Code is directed against the judgment and order dated March 11, 1981 of the Punjab and Haryana High Court at Chandigarh in Criminal Appeal No 1044 of 1979.

2. The appellant herein, Rajinder Singh, was charged under S. 302, I.P.C. and under S. 27 of the Arms Act for causing the murder of Chamkaur Singh and for making use of a pistol for an unlawful purpose, before the Sessions Judge, Ferozepur. He was acquitted by the learned Sessions Judge on February 9, 1979. On State appeal to the High Court the acquittal was set aside and the appellant was convicted under S. 302, I.P.C. and was sentenced to life imprisonment as also to pay a fine of Rs. 2,000/- or in default further rigorous imprisonment for one year. The fine if realised, was ordered to be paid to the heirs of Chamkaur Singh deceased. He was also convicted under S.,27 of the Arms Act and setenced to undergo rigorous imprisonment for one year.

3. The prosecution case is that Chamkaur Singh, since deceased, and the appellant herein belonged to village Ghall Khurd. The deceased had four brothers. One of them,. namely, Thana Singh, had died 20 days before the occurrence on account of taking liquor. The deceased suspected that the appellant had administered poison to Thana Singh in liquor. On December 20, 1974, just before sunset, the deceased came from the side of the bus stand to his village. Harbans Singh P.W. 3was standing in front of the house of one Jagtar Singh for taking a plough and he beckoned the deceased to come to him. At that moment, the appellant is stated to have come from the side of the lane and made Chamkaur Singh deceased stop, accusing him that he had talked ill of him to some shopkeeper but Chamaur Singh denied having done so. Thereupon Chamkaur Singh moved forward towards his house accompanied by one Darbara Singh. The appellant at that juncture took out his pistol from underneath the blanket, with which he had wrapped himself, and fired a shot hitting the left flank of Chamkaur Singh. After receiving the shot Chamkaur Singh rushed inside the house of Harbans Singh Sansi and hid himself by chaining the door from inside. Harbans Singh P.W. 3 and Darbara Singh raised alarm saying "do not kill" "do not kill" but the appellant escaped from the place of occurrence with his pistol. Hakam Singh, P.W. 4 had also arrived at the spot from the side of his fields and saw the occurrence. Two others, Mohinder Singh and Gura Singh, took Chamkaur Singh to the Civil Hospital Ferozepur while Harbans Singh P.W. 3 went to the Police Station Ghall khurd, in the same village, and lodged the First Information Report. On arrival at the hospital Dr. S. 1. S. Sandhu P. W. 2 attended to him. Chamkaur Singh remained in the hospital for about 13 days till January 2, 1975 when he died. It fell to the lot of Dr. Sandhu again to perform the autopsy of the deceased. In the opinion of Dr. Sandhu the death of Chamkaut Singh was due to toxemia and shock as a result of perition it is as a consequence of fire arm injury in which the small gut was injured. According to the doctor the injury was sufficient to cause death in the ordinary course of nature.

4. The prosecution further alleges that the appellant could not be arrested and was declared an absconder. It is only on April 12, 1978, about 40 months later, that he was arrested at a check-post in another part of district Ferozepur and at that time he was holding a pistol. It was taken into possession as well as the ammunition found on his person.

5. When the case was sent up for trial after completion of investigation, the prosecution supported its case by production of two eye witnesses, Harbans Singh P.W. 3 and Hakam Singh P.W. 4 to give the occular version. It also introduced in evidence two dying declarations of the deceased. One was said to have been made on December 20, 1974 to Shamsher Singh, P.W. 14 who was then posted as a Judicial Magistrate, First Class, Ferozep