Judgment

These appeals by way of special leave arise out of the following facts:–

1.1 Avatar Singh, accused, since acquitted, had taken an unauthorised connection from the electricity main line for the purpose of energising his tube well situated in village Bassi about 12 kms. away from Police Station Assandh. On 2nd July 1998, the officials of the Electricity Department accompanied by some police officers came to the tube well and removed the unauthorised line and took the wire away. Avatar Singh suspected that Joginder Singh P.W.1, who had a Dera at a very short distance away, had made the complaint to the Department which had brought the officers of the Department to his Dera. Due to this grudge, Amarjit Singh armed with a shot gun, Amrik Singh and Kashmir Singh all sons of Jarnail Singh attempted to stop the tractor trolley belonging to Joginder Singh P.W.1, while it was being driven to the fields with fertilizer. Nishan Singh – P.W. 3 son of Mohinder Singh was driving the tractor trolley of Joginder Singh was also accompanied by Palaram – P.W. 2 son of Fakiria one of Joginder Singh's Siris (crop-sharers). It appears that as a fall out of this incident two applications were filed in Police Station, Assandh by both the groups accusing each other of having misbehaved in the morning. The same evening at about 4:00 p.m. Joginder Singh – P.W. and his brother Gurnam Singh deceased who were present at their Dera in their fields. In the meanwhile Avatar Singh armed with a sota, Sher Singh and Amarjit Singh armed with a DBBL gun each and Avatar Singh with gandasa came to the place in a tractor. On reaching the Dra, Sher Singh fired a shot with a DBBL gun on Joginder Singh hitting him on the finger of his right hand and a second shot hit him on ghis right thigh. Amarjit Singh also fired a shot at Gurnam Singh which hit him on his chest instantly resulting in his immediate death. Although Joginder Singh thereafter attempted to snatch the gun from the hands of Sher Singh as a result of which, it broke into two pieces. This incident was witnessed by P.W. 2 Pala Ram and Nishan Singh – P.W. 3. Joginder Singh was removed in a tractor-trolley to the Sant Hospital at Assandh and on account of his serious condition was referred to the General Hospital, Karnal and was admitted therein. The dead body of Gurnam Singh was, however, left at the place of incident. Joginder Singh's statement, Exhibit PA was recorded in the General Hospital, Karnal at about 9:15 a.m. on the 4th July, 1998 and on its basis, the formal FIR was registered at Police Station, Assandh, at 10:30 a.m. by Sube Singh – P.W. 5, Inspector of Police. The police after investigation did not file a charge sheet against the accused on the plea that the case that had been foisted on them was false. Joginder Singh thereupon filed a complaint Exhibit PC in the court of the Judicial Magistrate, Karnal, against Avtar Singh, Sher Singh, Amarjit Singh, Amrik Singh and Kashmir Singh for offences punishable under Sections 302/307/148/149 IPC on 16th July, 1998. At the trial, the prosecution in support of its case, relied on the evidence of Joginder Singh – P.W. 1, an injured witness, Pala Ram – P.W. 2, Nishan Singh – P.W. 3 who was an associate of the complainants, Dr. Raj Kumar, – P.W. 4, Ram Kumar – P.W. 5, Dr. Shyam Wadhwa – P.W. 6 who had carried out the medical examination of Joginder Singh and the post mortem on the dead body, Naveen Kumar – P.W. 7 and S.K. Makkar – P.W. 8. The defendants also produced 7 witnesses in defence including Dr. Raj Kumar (earlier P.W. 4 now as D.W. 1) to depose that he had examined one Gurlal Singh on 4th July, 1998 at 6:45 p.m. in Primary Health Centre, Assandh and had found him seriously injured with a dislocation of the teeth and a fracture of the mandible, Sahab Singh – D.W. 2 to prove the alibi on Sher Singh, ASI Surjeet Singh – D.W. 3 who deposed with regard to the two applications which were said to have been filed by the warring parties on the 3rd of