JUDGMENT

Chelameswar, J.

1. Around 1.45 pm on 27.12.1988, First Information Report No.244 came to be registered by SubInspector Kaka Singh (PW5) of Police Station “Kotwali” of Patiala District of the State of Punjab on the basis of information given by one Shri Jaswinder Singh (PW3). From the narration in the FIR, it appears that the incident which eventually culminated in the death of Gurnam Singh could have simply passed off as yet another incident of road rage but for the death of Gurnam Singh. According to the FIR, around 12.30 p.m., an incident occurred at the traffic light of Battian Wala Chowk in front of the State Bank of Patiala, Patiala City. Jaswinder Singh (PW3), Avtar Singh (PW4) and the deceased Gurnam Singh were travelling in Maruti Car No.CH I 8422 driven by the deceased. Both the accused herein were travelling by vehicle No.PAD 6030. A dispute arose on the right of way between the accused and the deceased. In the process the first accused who is a cricketer of some fame got out of his vehicle, pulled the deceased out of his vehicle and inflicted fist blows. When PW3 tried to intervene, the second [It must be mentioned here that though the FIR clearly mentioned the