IMPORTANT POINTS
Interested and Relation witnesses--Presence at the scene of the occurrence cannot be doubted simply because they did not physically intervene.
Minor Discrepancies—Appreciation of evidence—Even honest and truthful witnesses may differ in some details unrelated to be main incident because power of observation, retention and reproduction differ with individuals.
First Information Report --It is not expected to contain each and every detail regarding sequence of events and that of the receipt of injuries and later on making additions therein, that does not amount to an improvement in the First Information Report.

H.S. Bhalla, J.- This appeal is directed against the judgment dated 19.9.2003 passed by Additional Sessions Judge, Ferozepur, vide which he convicted appellant Gurcharan Singh @ Happy son of Swaranjit Singh resident of village Chugewala under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life. He was also ordered to pay a fine of Rs.5,000/- and in default thereof, he was directed to further undergo rigorous imprisonment for a period of two years. However, appellant was acquitted of the charge under Section 392 of the Indian Penal Code framed against him.

A synoptical resume of the prosecution case is as under:

Deceased Yadwinder Singh @ Rana was running a finance company at Talwandi Bhai and had been residing with his father Jarnail Singh, complainant (PW-1), in Rose Avenue, Ferozepur. The appellant-accused was apprehending that the deceased had illicit relations with his wife and on that count, he was nourishing a grudge against him. On 9.1.2002 at about 6.00 P.M. Jarnail Singh, the complainant, along with Gurpreet Singh (PW-2), brother of his wife, came out of his house for strolling. When they reached near the shops of Malhotra Store, they found that the deceased and the accused were present in front of the shop of Vicky Hair Style and the accused was holding a toka in his hand. He gave a blow with the same on the head of the deceased. At this, he entered the shop of said Vicky hair dresser and fell down. The appellant followed him and after taking out a kirch (dagger) from the right side “dub” of his trousers, gave four blow continuously on the chest of the deceased. Another blow was inflicted on the right side of his face. The complainant raised an alarm upon which the accused dishonestly removed the pistol and arm licence from the person of the deceased and escaped from that place in a motor car of white colour, which was lying parked at that place. When both of them entered the shop of the hair dresser, they found the deceased to be unconscious. After arranging for a vehicle, they removed him to Civil Hospital, Ferozepur, where he was declared dead by the doctor. On receiving a message regarding the death of the deceased at Police Station Sadar Ferozepur, the police machinery was set into motion and Palwinder Singh, Sub Inspector/Station House Officer (PW-10) along with other police officials went to Police Station City Ferozepur and after collecting ruqa, Ex. PJ, came to Civil Hospital. At that place, he recorded the statement of the complainant, Ex. PA, about the occurrence and after making his endorsement, Ex. PA/1, upon the same sent to the Police Station on the basis of which, formal FIR, Ex. PA/2, was recorded against the accused under Section 302 of the Indian Penal Code. The inquest report, Ex. PK, was prepared and the dead body was sent for postmortem examination under the supervision of Parveen Kumar, Head Constable. On account of night time, Assistant Sub Inspector did not proceed to the spot on that day and he went to the spot on 10.1.2002 and after inspecting the same, prepared rough site plan Ex. PP with correct marginal notes. The photographer was called, who photographed the spot. The Station House Officer collected blood from the spot and put the same in a small plastic box. That box was converted into a parcel and was sealed by him. The same was taken into possession vide recovery memo Ex. PL. One blood stained ‘toka’ was found lying outside the shop, which was also taken into possession after converting it into a parcel. The autopsy on the dead body was performed by Dr. S.P. Kataria, who was examined as PW-6, who found a number of ante mortem injuries on the dead body and submitted his opinion that the cause of death was due to shock and haemorrhage as a result of those injuries, which were sufficient to cause death in the ordinary course of nature. After the post mortem examination the wearing apparels found on the dead body were produced by Parveen Kumar, H