SAT PAL, J.

1. By this judgment, we are disposing of Murder Reference No. 3 of 1996 and Criminal Appeal No. 261-DB of 1996 as both arise from the same judgment, dated 30th April, 1996, passed by Sessions Judge, Jind. By this judgment, the learned Sessions Judge convicted the appellants under Sections 302 and 307 of the Indian Penal Code and under Sections 25 and 27 of the Indian Arms Act. Under Section 302, IPC, the appellant has been sentenced to death and also to pay a fine of Rs. 1,000/-. The sentence of death is subject to the confirmation by this Court. Under Section 307, IPC, the appellant has been sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs. 1,000/- Under Section 25 of the Arms Act, the appellant has been sentenced to undergo rigorous imprisonment for one year and has further been sentenced to undergo rigorous imprisonment for one year under Section 27 of the Arms Act. The learned Sessions Judge further ordered that in default of payment of fine on any count, the appellant would further undergo imprisonment for a period of three months. All the substantive sentences have been ordered to run concurrently.

2. In this case, F.I.R. Exhibit PW 44/A under Sections 302/34, Indian Penal Code, was registered at Police Station Safidon, District Jind, on 15th Sept. 1980 at 8.20 p.m. on the basis of the statement of Chhotu son of Indraj. The statement of said Chhotu was recorded by S.I. Ram Singh (PW 44) S.H.O.P.S. Safidon. In his statement, Chhotu stated that on 15th Sept. 1980 at about 7.45 p.m. he along with Manphool son of Bhola and Surat Singh son of Ram Kishan was present at the flour mill of Gaje Singh son of Abhey Ram in village Budha Khera when Nirmal Singh (appellant) who was serving in the Army and his brother Vijay Singh, both sons of Rulia Ram and two other persons whom he could identify if brought before him, came in the street Nirmal Singh fired at them with the small Army weapon which hit Surat Singh who fell down. Then he rushed towards the shop of Inder Singh and raised alarm that Surat Singh had been murdered. In the meantime, Nirmal Singh etc. came towards that side and fired at his nephew Des Raj who died on the spot. He further stated that firing was going on in the village. He also stated that about 6/7 months ago, a fight took place between Vijay Singh and Gaje Singh and due to that grudge, they had taken the revenge of it. Special report was sent to the Chief Judicial Magistrate, Jind through Constable Puran Singh (PW 3) on 16th Sept. 1980 at 3.30 a.m. It may be pointed out that distance between the place of occurrence and P.S. Safidon is 7 Miles. It is further the case of the prosecution that after recording of the FIR, PW 44 Ram Singh along with several police officials reached the spot for investigation. He found that four dead bodies were lying in the village, two at one place and two at another place. He prepared the inquest reports Exhibits PW 44/B, PW 44/C, PW 44/D and PW 44/E, of the dead bodies of Surat Singh, Des Raj, Lehna Singh and Ramesh Chand respectively. Then he sent the dead bodies to the Civil Hospital Jind, for post mortem through ASI Ram Charan. The dead bodies were identified by their close relatives at the spot and their names were mentioned in the inquest reports.

3. Dr. Satish Gupta (PW 31) conducted post-mortem examination on the dead body of Surat Singh and he found the following injuries on his dead body : i) There was a wound of entrance 1 cm. x 1 cm in size with contused lacerated and inverted margins, present on the left side of nose 2.5 cm above the tip and 1 cm from the midline. The wound was directed backwards and clotted blood was present. ii) There was a wound of Exit 3 cm x 1.5 cm size with everted and lacerated margins 2 cms. below the external occipetal protumberance transversely placed more towards the left. Clotted blood was present and underlying bone was missing. On dissection : There was communited fracture of the ma