Judgment

R. M. SAHAI, J. :- In this appeal by grant of special leave under Article 136 of the Constitution of India the question that arises for consideration is whether the Order of acquittal passed by the High Court of Punjab and Haryana is so palpably erroneous or perverse that it is liable to interference in the exercise of extraordinary jurisdiction by this Court.

2. In an unfortunate incident which took place at 11 P-M. on 16th December, 1976 on the G.T. Road just in front of Sat Kartar Cold Storage, Phagwara, two police officers of the Punjab Traffic Police appeared to have fallen out on the authority to check the truck on the G.T.Road resulting in death of one Assistant Sub - Inspector of Police and one constable and conviction of the respondent under Section 302, IPC who was Sub-Inspector of Police at the time of incident, but since the date of acquittal he has now become Deputy Superintendent of Police. There was no dispute about the time, date and place of incident. Nor there was any dispute that Assistant Sub - Inspector Gurnam Singh and constable Paramjit Singh died as a result of shooting from the service revolver by the Sub-Inspector Ajaib Singh. The dispute, mainly, was whether the incident took place as stated by the prosecution and the shooting and killing by the respondent was unwarranted, unjustified and deliberate or it was, as claimed by the respondent, in exercise of right of private defence. The respodent was tried and convicted under Section 302, for committing murder of ASI Gurnam Singh and constable Paramjit Singh and sentenced by the trial Judge to undergo life imprisonment. He was also convicted under Section 87 of the Arms Act and sentenced to undergo two years rigorous imprisonment. All the sentences were to run concurrently. His co-accused Balbir Kumar was tried under Section 302 but convicted under Section 383, IPC for causing simple hurts to constable Jit Ram P-W. 10, and Channan Singh, P-W. 13, He was directed to be released on probation. Another accused constable Jit Singh was acquitted of all charges. The State did not file any appeal either against release of Balbir Kumar on probation or acquttal of Jit Singh. But revision was filed by one Sukattar Singh for enhancing the sentence of respondent from life imprisonment to death and convicting others suitably. The High Court dismissed the revision for enhancing sentence and further acquitted the respondent. The State is aggrieved by acquittal of the respondent. Since both the trial Judge and the High Court have considered the evidence in detail, it does not appear necessary to refer to them, except the findings arrived at by them on which there is not much dispute. The findings recorded by the trial Judge were summarised by the High Court as under :-

"(1) that the incident took place at about 10 P.M. on 15 th December, 1976 on the G.T. Road just opposite to the Sat Kartar Cold Storage at Phagwara.

(2) that all the three accused (Ajaib Singh and Balbir Kumar appellants and Jit Singh acquitted accused) were present at the spot and they had arrived there from the side of Ludhiana in jeep No. PUJ 250.

(3) That at that time A.S.I Gurnam Singh along with Constables Paramjit Singh and Jit Ram was present at the spot. According to the prosecution version, Constable Chanan Singh P- W. was also with them. However that fact is denied by the accused.

(4) That before the main incident took place, a verbal altercation took place between A.S.I. Guruman Singh-deceased and S.I.Ajaib Singh accused and thereafter they also grappled with each other for some time.

(5) That S.I.Ajaib Singh fired three shots with his service revolver, one of which hit A.S.I.Gurman Singh and another hit Constable Paramjit Singh and as a result thereof both of them had died at the spot. The third shot hit the shutter of the cycle shop of Subhash Chand situated near the place of occurrence."

Apart from these findings, the trial Judge held that the delay in lodging the FIR was not satisfactor