JUDGMENT

K. Jayachandra Reddy, J. - The appellant Balwant Singh, Police Constable No. 822, Police Lines, Ferozepur (original accused No. 2) was tried for offence punishable under Section 302 I.P.C. and alongwith him two other Constables (Original accused Nos. 1 and 3) were also tried for offence punishable under Section 302/34 I.P.C. on the basis of a complaint filed by Sohawa Ram, P.W. 5, brother of Pahalwan Ram, one of the deceased in the case. The police, however, challaned the appellant under Section 304-A I.P.C. The trial court acquitted all of them. The State of Punjab as well as the complainant filed two separate appeals in the High Court against the order of acquittal. The High Court by a common Judgment in the two appeals set aside the order of acquittal of the appellant and convicted him under Section 302 I.P.C. and sentenced him to undergo imprisonment for life. The acquittal of the other two accused was confirmed. Hence the present appeals under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 Cr. P.C.

2. The complainants case is as follows: On 13.9.1983 at about 9 p.m. Sohawa Ram, P.W.- 5 was present in his house in village Sanjhrana. He heard an alarm from the side of a nearby flour mill and he went towards that side and found that Pahalwan Ram (deceased No.1) and Kamail Singh (deceased No. 2) were running towards the flour mill raising alarm of Na Maro, Na Maro. At that time Head Constable Sat Pal, A-I and Constable Nirmal Singh, A-3 were beating Bhagwan Singh, P.W. 11 in front of the flour mill. Then, according to the complainant, both of them instigated the appellant Balwant Singh to shoot the deceased saying that, they had come to help P.W. 11. The appellant immediately fired two shots from his service rifle. The first shot hit deceased no. 1 and the second shot hit deceased No. 2. Both of them fell down and died. It is alleged that the appellant fired another shot but it did not hit anyone. P.W. 10 Mehtab Singh and Bhagwan Ram, a member of the Panchayat also reached the spot and witnessed the occunence and when P.Ws. 5 and 10 tried to over-power the appellant, Nirmal Singh, A-3 attacked them with a danda and in self-defence P.Ws. 5 and 10 and Bhagwan Ram inflicted injuries on the accused with Solas the appellant also received injuries at the hands of the complainant party. P.W. 10 accompanied by the Sarpanch went to the Police Station and lodged a report before S.I. Jagir Singh, P.W. 13, who registered the crime, went to the place of occurrence at 12.45 A.M. on the same night and found the dead bodies of deceased nos. 1 and 2. He also found the appellant having injuries who gave a report against P.W.11 and his brother Fauja Singh. The rifle of the appellant was seized. P. W. 13 held the inquest and sent the dead bodies for post-mortem. He also recovered empty rounds from the spot and seized them. The Doctor, P.W. 1, who conducted the post-mortem on the two dead bodies found fire-arm injuries and he opined that both of them died because of those injuries. P.W. 2, another Doctor, examined the appellant and found 10 injuries on him including an incised injury- On Nirmal Singh, A-3 the same Doctor found 11 injuries. When examined under Section 313 Cr. P.C. the accused denied the prosecution version and gave their own version of the occurrence which is as under:

"On the day of occurrence Nirmal Singh, H.C. Sat Pal and myself left the police station under the instructions of S.H.O., who had requisitioned our services, for patrolling Fazilka-Abohar Road as there was agitation of farmers relating to short supply of diesel. In the evening, on our way back, we went to village Sanjhrana as I was to intimate Bhagwan Singh and his brother Fauja Singh against presentation of challans against them in the court on the next day. Santa Singh was also to be intimated about this fact. We first of all went to the house of Santa Singh. After having our meals there whe