JUDGMENT

N. P. SINGH, J.:- The appellant has been convicted under S. 302 of the Penal Code and has been sentenced to undergo rigorous imprisonment for life. He has also been convicted under S. 307 read with S. 34 of the Penal Code and sentenced to undergo rigorous imprisonment for 5 years.

2. The appellant was put on trial along with Kaur Singh, Hakam Singh and Bant Singh for having committed the murder of Hardip Singh and attempting to cause the murder of Panna Singh (PW 15). The trial Court convicted all the four accused persons including the appellant under different sections of the Penal Code. However, on appeal being filed the High Court set aside the convictions and sentences passed against the aforesaid Hakam Singh and Bant Singh and acquitted them of the charges levelled against them. The convictions and sentences passed against the appellant and Kaur Singh were upheld by the High Court. We are informed that the Special Leave Petition filed on behalf of Kaur Singh before this Court against the same judgment of the High Court has been rejected by this Court.

3. The case of the prosecution is that on 7th February, 1977 at about 9.00 p.m. Hardip Singh (deceased) and Panna Singh (PW 15) had gone to the house of Harnek Singh (PW9) for the services of sons of Harnek Singh for sowing onions on the following morning. Harnek Singh expressed his difficulty in view of the fact that one of his sons was indisposed and the other was away from the village. Thereafter Harnek Singh (PW 9) and Panna Singh (PW 15) and Hardip Singh (deceased) left for the houses of harijans to engage the labourers. On the way they found the appellant and Kaur Singh armed with DBBL 12 bore guns, Bant Singh (since acquitted) armed with a rifle and Hakam Singh (since acquitted) armed with a Gandasa standing in front of them at the junction of the lanes. The appellant said that the enemies had come and saying this he opened fire and shot at Hardip Singh on his face. Hardip Singh fell down and died on the spot. Kaur Singh fired a shot from his gun on Panna Singh (PW 15) on his face. Panna Singh ran and fell down towards the main lane. Bant Singh also fired at Harnek Singh (PW9) but he missed the target.

4. Due to the fear of the accused neither Harnek Singh (PW 9) nor Panna Singh (PW 15) dared to go to the Police Station during the night. However, the. first information report was lodged at 6.15 a.m. in the morning by Harnek Singh (PW 9).

5. The motive of the occurrence, according to the prosecution, is that the appellant Gurdev Singh who was the ex-Sarpanch of the Gram Panchayat had contested the election of the said Gram Panchayat with Harchet Singh brother of Hardip Singh (deceased). Harchet Singh won that election because of the help of Hardip Singh (deceased) and Panna Singh (PW 15). it appears that Hardip Singh (deceased) and his brother Harchet Singh had also been prosecuted for the murder of Jagsir Singh and Dharampal Singh and in that case this appellant, Bant Singh and Kaur Singh were the prosecution witnesses.

6. During the trial it has come in evidence that in the village there were two factions one headed by the appellant and the other by Harchet Singh and because of that there was enmity between the accused persons and the deceased.

7. According to the appellant, because of the aforesaid enmity he had been falsely implicated by the prosecution party.

8. Before the evidence of the eye-witnesses examined on behalf of the prosecution is examined, it will be proper to refer to the nature of injuries found on the persons of Hardip Singh (deceased) and Panna Singh (PW 15). Doctor who had the postmortem examination over the dead body of Hardip Singh stated about the injuries:-

"1. Lacerated wound 1 x 1 cm on the lower end outer part of the left cheek about 3 cms outer to the angles of the mouth, direction of the wound was oblique from below upwards fracturing the palate on its left outer side. Mild bleeding was present. Colour of the wound was brownish and blac