K.S. LODHA, J.—Tehalsingh has filed this appeal against his conviction and sentence passed by the learned Additional Sessions Judge No. 1, Sriganganagar on 28. 10. 86. He has been convicted under sec. 302, I. P. C. and sentenced to imprisonment for life and a fine of Rs. 5000/-; in default, three years rigorous imprisonment. He has also been convicted under sec. 27.of the Indian Arms Act and sentenced to five years regorous imprisonment and fine of Rs. 1000/-; in default of payment of which, to further undergo rigorous imprisonment for six months.

2. The prosecution story may be briefly stated here. There was a truck owners union at Ganganagar. Formerly, accused. Tehalsingh was the President thereof. According to the prosecution, he was removed from the President ship of that Union. However, according to the defence, he himself had resigned from that post. Be that as it may, it is admitted on both the sides that there had been dispute between accused Telialsingh and the prosecution witnesses Prithvi Raj and Kishanlal on account of the affairs ot the union. According to the Prosecution, on the fateful day i.e. 28.6.85, Prithvi Raj (P.W. 1) and Kishanlal (P.W. 2) who are the members of the union had reached the office of the. Union at about 6.00 P.M . on hearing the call for the trucks along with some other persons (truck owners). The other persons left the place after sometimes but Prithvi Raj and Kishanlal stayed back and they set down on the chairs lying near the bud tree in the compound of the union office. At about 6.30 P.M. Gurubux Singh Narang (hereinafter referred to as Narang) also joined them and they were having talks regarding the purchase of a truck in their partnership. It is alleged that while they were so talking, Tehalsingh whose house is towards the south of the union office came on his roof, called them out and told them that they were having groupism for the last so many days and saying so, he fired his rifle towards them. This fire hit Narang on the forehead over the right-eye He stumbled and fell down on the chair on which he was sitting. It is further alleged that Tehalsingh re-loaded his gun and wanted to fire another shot but, in the meantime, Prithvi Raj and Kishanlal ran away and took shelter in the office of the union. However, Tehalsingh fired the second shot while these persons were entering the office of the truck union. Prakash Chandra (PW 3) who was Munshi in the union office was present there and Prithvi Raj and Kishanlal told him of this incident and asked him to ring up to the police. Accordingly, Prakash Chandra informed the police station, Kotwali, Ganganagar on phone. After sometime, the police reached there. The case of the prosecution, further is that during this time also, Tehalsingh continued to be present on the roof of his house and he also fired his gun again in the air at the time the police reached there. The police surrounded the house of Tehalsingh under the leadership of Jilesingh (P.W. 10), S.H.O. He was asked to come down and was apprehended. He was still then holding the gun. Then, the statement of Prithvi Raj was recorded by Jilesingh (P.W. 10) and the same was sent to the police station for a case under sec. 302, I.PC. and s. 27 of the Arms Act to be registered. It may be mentioned here that on receiving the telephonic message, Shri Jilesingh took it down in the Rojnamcha vide Ex. P/24, copy of which is Ex. P24/A, but according to him, the information was not complete and was ambiguous. Therefore, the case was not registered on the basis of that information and was later registered on the basis of the statement of Prithvi Raj, recorded by Jilesingh at the spot.

3. Jilesingh, then inspected the dead-body of Narang and prepared a Panchayatnama (Ex. P/12). as also inquest report Ex. P/3. He also inspected the site and prepared a site plan Ex. P/4 and a site inspection note Ex. P 4/A. He also recovered the blood-stained as well as the control soil from the spot vide Ex. P/5. Pagr

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