(1) THIS appeal by special leave has been preferred by the three convicts named, Kedar Singh, Shivjee Singh and Tuna Singh. The prosecution case is that eight persons inclusive of the three appellants at about 8.00 p.m. on 19/09/1980 came having formed an unlawful assembly and caused the murder of Ramhit Singh, deceased close to a temple. It has been found that Tuna Singh had fired from a gun whereupon the deceased fell down, Shivjee Singh appellant caught hold of the deceased while alive in order to facilitate Kedar Singh chop off the neck which was accordingly cut. Out of the remaining five accused. Surendra Singh had died during trial, Tanik Singh had absconded and his trial stood separate, Ramsewak Singh, Lodhi Singh and Sunil Singh stood acquitted by the High court.

(2) THE first informant was Harkhit Singh. He is said to have narrated the details of the occurrence to PW-5, Ramanuj who reduced the same into a writing which writing was presented at the police station becoming the First Information Report on the strength of which investigation was carried out. The Prosecution at the trial did not have the benefit of the statement of Harkhit Singh since he had died