The main legal point established in the judgment is the importance of considering the natural reactions of witnesses in criminal cases and the credibility of eyewitness testimony, even in the absence of corroboration.

Judgment

SEMA, J.

( 1 ) FOUR accused - Hardam Singh, Jagjit singh, Resham Singh and Gurdip Singh - were convicted by the additional sessions judge, Bhatinda in sessions case no. 221 rt No. 5 of 1985 by judgement dated 29. 5. 1986. By the aforesaid judgement, accused Hardam Singh, Jagjit Singh and resham Singh were convicted under section 302 read with section 34 Indian Penal code and sentenced to undergo life imprisonment and to pay a fine of Rs. 1500/- each, or, in default of payment of fine, to suffer further Rl for six months each. Accused gurdip Singh was convicted under section 302 read with section 109 IPC and sentenced to undergo the sentence, as aforesaid as in the case of other three accused. Accused 1 - 3 are sanguinary brothers. Accused Gurdip Singh was a sarpanch of Joian village. Aggrieved by the aforesaid convictions accused Hardam Singh, jagjit Singh and Resham Singh filed criminal appeal no. 374-DB of 1986 and accused gurdip Singh filed criminal appeal no. 378- db of 1986. The High Court, by its judgement and order dated 28. 5. 1987 set aside the conviction and sentence recorded by the learned trial judge. Accused Gurdip singh died in the interregnum. Hence, this appeal is filed only against the three accused.

( 2 ) BRIEFLY stated the story as unfolded by the prosecution is that: pw-1 Billu Singh and his father - deceased hari Singh are from village Alampur Madran and on 28. 11. 84 had gone to Ferozepur to attend a case in which they were challaned under section 307/34 IPC for murderous assault on Jagjit Singh and his wife. It is stated that after appearing before the special judge, Ferozepur on 28. 11. 84, PW-1 - billu Singh and his deceased father - Hari singh started from Ferozepur by train for mansa and reached Mansa at about midnight. It is also stated that they were to appear there in a case on 29. 11. 84 under section 145 Crpc pending in the court of executive magistrate, Mansa in which Hari singh and accused Hardam Singh and jagjit Singh were parties. After attending the court on 29. 11. 84, they started for the village Alampur Madran at about 3 p. m. on their bicycles, which were parked by them at Mansa while going to Ferozepur. It is further stated that the deceased - Hari singhs bicycle was followed by Billu Singh and at about 4 p. m. when they reached near bus adda of village Joian, at the tre- junction of the roads, from where a road to village Akkanwali bifurcates, accused hardam Singh armed with a gandasa; resham Singh armed with a gendhali and jagjit Singh armed with a takwa emerged from the bus adda shouting that Hari Singh (Ramdasia) was not to be left alive and was to be taught a lesson for raising a dispute with them for land and for murderous assault. Deceased Hari Singh immediately threw his bicycle and ran towards the house nearby to save himself. The accused over-powered hari Singh, threw him on the ground and started giving him blows with their weapons causing several injuries. PW-1 after seeing the incident, fearing that the accused would also chase him, hurriedly left the place on his bicycle and went towards village Akkanwali and via Budhiada reached Police Station Boha, where he narrated the incident to S. I. Jagjit Singh stating that accused Hardam Singh, Jagjit singh and Resham Singh had committed the murder of the deceased in conspiracy and under the instigation of accused Gurdip singh - sarpanch of the village. The prosecution story further disclosed that when pw-1 and deceased Hari Singh were in jail in connection with a case under section 307/34 IPC for murderous assault on accused Jagjit Singh, accused Gurdip Singh got a thumb impression of Hari Singh and an agreement of sale for his land for Rs. 7,000/- promising to help them in the case and he got them released on bail. But when hari Singh and his wife asked for Rs. 7,000/- from Gurdip Singh, he insulted them and got the bail bond cancelled for which Hari singh made a complaint against Gurdip singh to the authorities and als