The prosecution must establish the accused's identity beyond a reasonable doubt, and the unreliability of witnesses' presence and lack of proof for motive and recovery of weapons can lead to the reversal of the trial court's finding.

SHAM SUNDER, J.

1. This appeal is directed, against the judgment of conviction, and the order of sentence, dated 05.02.1999, rendered by the Court of Additional Sessions Judge, Hisar, vide which, it convicted the accused (now appellants) and sentenced them as under:

Names of the accused (now appellants) Offence for which convicted Sentence awarded

1 2 3

(a) Darshan Singh (a) Under Section 302 read with Section 149 of the Indian Penal Code. Imprisonment for life each and to pay Rs.5000/-each, as fine. In default of payment of fine to undergo further rigorous imprisonment for two years each.

(b) Jagjit Singh

(c) Sewa Singh

(d) Leela Singh

(e) Gurpiara Singh

(b) Under Section 147 of the Indian Penal Code. Rigorous imprisonment for a period of two years each and to pay a fine of Rs.1000/-each, and in default of payment of fine, to undergo further rigqrous imprisonment, for a period of one month each.

(a) Darshan Singh (a) Under Section 148 of the Indian Penal Code. Rigorous imprisonment, for three years each and to pay Rs.1000/- each, as fine, and, in default of payment of fine, to undergo further rigorous imprisonment, for a period of one month each.

(b) Sewa Singh

(c) Gurpiara Singh

The substantive sentences of imprisonment were, however, ordered to run concurrently.

2 The facts of the prosecution case, as summarized, proceeded in the manner, that on 22.11.1991, Sukhdev Singh son of Joginder Singh resident of village Dhindsa, District Sangrur (Punjab), had come to Tohana along with his uncle Shyam Singh, in connection with some personal work. They could not get bus, for their return journey. Thus, they were going along Tohana-Chandigarh road, in the hope, that they would come across some passing truck, and take a lift therein, for return to their village. At about 6.00 p.m., a red coloured truck, parked on the road side, was noticed by them. The registration number of the truck was not visible, as the mud was sticking, on its number plate. There was light, in the cabin of the driver of the truck. Two Sikh gentlemen of young age were found sitting in the cabin. A jeep of green colour, parked on the road side, was also noticed by them. Two Sikh and one clean shaven youth, were seen by them, sitting in the jeep, in the light thereof. In the meanwhile, Major Singh, brother of Sukhdev Singh, came from the direction of Munak, riding a motor-cycle, bearing No. DBW-4004. One person was the pillion rider of the motor-cycle. When the driver of the truck saw the motor-cycle, coming from the opposite direction, he switched on the engine of the same (truck) and moved the same (truck), in the direction of the motor-cycle. The side of the truck was hit against the motor-cycle, as a result whereof, it fell down. The pillion rider came under the motor-cycle, on account of strike of the side of the truck, against the same. Major Singh, the rider thereof, started fleeing towards the fields. Three young men, who were occupants of the jeep, fired shots, from pistols, at the pillion rider who was lying under the motor-cycle. Thereafter, they chased Major Singh, in the fields, with their jeep. Major Singh, left the fields and tried to take shelter in a shop. One young man, then fired a shot from pistol, from a close range, at Major Singh, which hit the left side of his temple. Major Singh fell down. The second occupant of the jeep then fired a shot from his pistol, which hit Major Singh, on the right side of his abdomen. Thereafter, the assailants fled with the jeep, and the truck towards Munak. Thereafter, Sukhdev Singh and Shyam Singh, went near the place where, Major Singh, and the pillion rider of the motor-cycle were lying, and found that they had succumbed to the/fire arm injuries, caused on their person, by the assailants.

3. The motive for the occurrence, was stated by Sukhdev Singh, in the manner, that his brother Major Singh, had illicit relations with Guddi, daughter of Bhagwan Singh Arora, resident of Tohana, whose hu