Judgment

K. JAYACHANDRA REDDY, J. :- These three appeals are filed by the original accused Nos. 1 and 3 against the judgment of the Punjab & Haryana High Court. The two appellants along with Bawa Singh and Bir Singh. original accused Nos. 2 and 4 respectively were tried for offences punishable under Sections 302 and 30734, I.P.C. for causing the death of one Gulab Singh and for attempting to commit the murder of the witnesses. The trial Court convicted the two appellants under Section 302/34, I.P.C. and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs. 1,000/- in default of payment of which to undergo six months R.I. The two appellants were also separately convicted under S.25 of the Arms Act and sentenced to undergo one years R.I. Questioning those convictions the accused preferred three appeals to the High Court and all the three appeals were dismissed. Hence the present appeals.

2. The prosecution case is as follows:-

The deceased Gulab Singh and the material witnesses including the three eye-witnesses P.Ws. 4. 5 and 6 belong to village Mehma Sarja. P. W. 4 is the son of the deceased. There was enmity between the deceased and his family members and the accused. On Diwali previous to the present occurrence one Beant Singh brother of Gurdev Singh. the second appellant was murdered. Lakhbir Singh, the first appellant lodged a report against the deceased for the said murder. The police during the enquiry found Gulab Singh to be innocent and instead of Gulab Singh, appellant No. 1 and his brother and some others were challaned and the case was still pending. On 12-9-81 Gulab Singh, the deceased had gone for purchasing medicines from Goniana Mandi as he was not feeling well. P.W. 4, son of deceased also came to Goniana Mandi for purchasing insecticides and also to procure money from the Commission Agent. At about 6 P.M. the deceased was standing near the railway crossing for going to his Village. P.W. 4 met the deceased when he was talking to Jarnail Singh, P.W. 5 and Gulzara Singh, P.W. 6 who belonged to their Village. P.Ws. 4, 5 and 6 went near the hand pump for drinking water which was at a distance of about 10 karmas from the pitter jeep in which the deceased was sitting on the front seat. Lakhbir Singh, A-1 came there from the side of Gurduwara and entered the jeep from behind along with other accused. Bir Singh, the acquitted accused is alleged to have raised a lalkara. Hearing the same P.Ws. 4, 5 and 6 looked towards the jeep and found A-1 taking out a 12 bore country made pistol and firing at the back of the deceased. Gurdev Singh, A-3 was also armed with a 12 bore country made pistol. He fired a shot simultaneously which hit the deceased on the head on the right side. All the witnesses ran towards the jeep and raised cries and it is alleged that the acquitted accused Bawa Singh fired a shot with his 12 bore country made pistol but the same did not hit anybody. When the witnesses saw the accused reloading the pistols they ran away and the accused left the place. P.Ws. 4, 5 and 6 went near the deceased and found him dead on the front seat of the jeep. Leaving P.W. 5 at the place of occurrence, P. Ws. 4 and 6 went to the Police Station which was nearby and lodged a report which was recorded by S.I. Gurnam Singh. A case was registered and the Sub-Inspector reached the place of occurrence and got the photographs of the scene of occurrence taken. He also recovered three empty cartridges from the scene of occurrence. After holding the inquest he sent the dead body for post-mortem. The Doctor, P.W. 1, who conducted the post-mortem, found four gun-shot injuries and on internal examination he found that the right lung was injured and he opined that injuries Nos. 1 and 2 were individually sufficient to cause death in the ordinary course of nature and that the injuries were caused by fire-arms.

3. Immediately after the occurrence, the police went after the accused. They saw three persons running. Gurdev Si