In a murder case, the prosecution must prove beyond reasonable doubt that the accused committed the crime. An alibi defense may be raised by the accused, but it must be supported by credible evidence.

Pritpal Singh, J.

1. Devinder Singh and Puran Singh residents of village Qila Desa Singh in district Gurdaspur, who are brothers, have filed an appeal against the judgment of the learned Sessions Judge, Gurdaspur, dated November 12, 1983, by which they were convicted and sentenced as under:

2. The complainant Ajit Singh (PW 2) has also filed Criminal Revision No.203 of 1984 claiming compensation from the appellants. The appeal and the revision have arisen from the same judgment and are, therefore, being disposed of together.

3. The prosecution case briefly stated is that Ajit Singh (PW 2) of village Qila Desa Singh and his brother Kabul Singh purchased land from one Guljit Kaur on March 15, 1982 which was under cultivation of Puran Singh appellant. Since Ajit Singh wanted the land to be vacated by Puran Singh it led to inimical relations between them. A civil litigation started between the parties. Puran Singh appellant and Baljinuer Singh deceased son of Ajit Singh (PW 2) were also involved in security proceedings on June 27, 1952. There was Bhog of Akhand Path in the house of Dharam Singh, father-in-law of the deceased Baljinder Singh on October 24, 1982 in village Ghani-ke-Banger. The deceased Baljinder Singh, his father Ajit Singh (PW 2) and his sisters husband Kuldip Singh (PW 3) had gone there to attend the same. After the Bhog ceremony they started the return journey in a tractor and reached bus stand of village Kala Afghana at about 4.50 p m. At the bus stand the deceased Baljinder Singh alighted from the tractor to drink water. He was accosted by the appellants. At that time Puran Singh was holding a knife but Devinder Singh was unarmed. The latter caught hold of Baljinder Singh, whereas Puran Singh, gave three knife blows to him: two on the left flank and third on the forehead. On receipt of these injuries Baljinder Singh died at the spot. The appellants fled away. Ajit Singh (PW 2) went to Police Station Fatehgarh Churian which is 8 Kms. from the place of occurrence and lodged the First Information Report (Exhibit P0) at 6.40 p. m. which was recorded by Sub-Inspector Resham Singh (PW 5 ). The special report reached the Ilaqa Magistrate at Batala at 8.00 p. m. The Sub Inspector went to the place of occurrence and prepared the inquest report (Exhibit PC ). The appellants were arrested on 26th of October, 1982. A knife (Exhibit P.7) was recovered in pursuance of the disclosure of Devinder Singh appellant.

4. The autopsy on the dead body of Baljinder Singh was performed by Dr. Parminder Singh (PW 1) who found the following injures thereon: 1. An incised wound 2 cm x 2 cm on the left side of forehead, 2 cm. above the left eye-brow Name of the appellant Convicted Under Section Sentences awarded Puran Sing 302/i. P. C Imprisonment for life Devinder Singh 302/34,i. P. C Imprisonment for life skin deep 2. An abrasion 0.5 cm. X 0.5 cm. on the bridge of nose 3. An incised wound 2 cm X 1.5 cm. on the left side of chest on the lateral surface, 5.5 cm lateral to the left nipple and 2 cm below it. Vertically placed.4. An incised would 1.5 cm. X 1 cm. on the left side of chest 4.5 cm. below the injury No.3 and 9.5 cm away from the left nipple.

5. Two abrasions 3 cm X 1 cm. and 2 cm X 1 cm on the front and medial aspect of left knee joint respectively.

6. An abrasion 3.5 cm. X 1 cm. on the medial side of left leg, 3 cm. below the left knee joint.

7. An abrasion 2 cm X 1 cm on the front of right leg, 4 cm below the right knee joint The doctor opined that the injuries suffered by the deceased were sufficient to cause death in the ordinary course oft nature.5. During investigation Puran Singh raised plea of alibi which found favour with the Police. Consequently, only Devinder Singh appellant was challaned. The name of Puran Singh was incorporated in column No.2. However, Puran Singh was also later summoned 81 an accused by the trial Court.6. The prosecution case was supported by the eye-witnesses Ajit Singh (PW 2) and Kuldip Si