IMPORTANT POINT
First Information Report--FIRs relate to earlier incidents made by an accused--Contents of such FIRs cannot be used in the present case as it reflects incrimination against him.

Mr. M. Jeyapaul, J.: - The first accused, who was charge sheeted alongwith two other accused for offence under Section 304 Part-II of the Indian Penal Code was convicted and was thereunder sentenced to undergo five years rigorous imprisonment and to pay a fine of Rs.5000/- and in default to undergo further rigorous imprisonment for a period of three months. Hence the appeal has been preferred by the first accused.

2. The case of the prosecution as unfolded by the witnesses examined on its side is as follows:-

3. During the midnight of 14.03.1997 Ajit Singh, PW-2, his wife Ram Piari, PW-4 and his son Kashmir Singh (since deceased) were sleeping in their house at village Pandori Rukman. At about 12 persons, some in police uniforms and some others in simple clothes parged into their house and one of the persons in simple clothes caught hold Ajit Singh, PW-2 by his neck. On such act of those persons, Kashmir Singh,(since deceased) woke up and enquired as to why he caught hold of his father. One person caught hold of Kashmir Singh and fired a shot. Ajit Singh, PW-2 and his son Kashmir were dragged to the van and their faces were muffled. Ajit Singh, PW-2 was thrown out near the sheller of Jalandhar Road at village Hazara. Kashmir Singh was taken away by them. Having come to know of the occurrence, Harbhajan Singh, PW-3 , the Sarpanch of the village, made a call to the police and the police reached at the spot. Later on Ajit Singh, PW-2 came to know that his son Kashmir Singh was murdered by the Tarn Taran Police. Ajit Singh, PW-2, proceeded to the Police Station on the next day at about 10.00 AM and lodged the first information report with the Inspector Manjit Singh, Station House Officer, PW-25.

4. Manjit Singh, Inspector, PW-25, the Investigating Officer during the course of investigation, recovered 2 empty cartridges measuring 9 mm vide memo Ex.PF. Blood stained earth was also taken into possession. 9 mm Pistol alongwith 10 live cartridges was produced by Didar Singh, Inspector. Another pistol of 9 mm alongwith 9 live cartridges was also produced by Rameshwar Singh, Assistant Sub Inspector, which were also taken into possession vide memo Ex.PU. Postmortem examination on the dead body of Kashmir Singh was conducted by a team of doctor, headed by Dr. Bhupinder Singh, SMO, PW-1. As many as 18 lacerated wounds, incised wounds and abrasions were found on the dead body of Kashmir Singh. It is his opinion that the deceased would have died due to hemorrhage and shock, as a result of injury Nos.1 to 4, 12 and 13. Manjit Singh, Inspector, PW-25 having completed investigation, filed final report against all the three accused namely Gulzar Chand, Rameshwar Singh and Harvinder Singh.

5. In the examination under Section 313 of the Code of Criminal Procedure, the first accused, who is the appellant herein has contended that a false case was foisted on him. He went alongwith the police officials to the house of the deceased Kashmir Singh. The moment he alongwith the police officials knocked the door, Kashmir Singh opened the door and he started attacking the police party armed with kirpan. In defence, the first accused and his colleagues used their weapons.

6. On the side of the accused, three witnesses were examined. Dr. Tej Pal, Medical Officer, DW-3,who examined all the three accused, has deposed that all of them had sustained lacerated injuries.

7. The trial Court having totally disbelieved the evidence of PW-4, the mother of the deceased, placed reliance upon the earlier first information reports Ex.PL and Ex.PV, lodged by the first accused, the statement given by the first accused under Section 313 of the Code of Criminal Procedure and the sanction order passed by the State Government and convicted the first accused alone under Section 304 Part-II of the Indian Penal Code. The other two accused were relieved of the charge under Section 302 read with Section 34 of the Indian Penal Code on the ground that no material was available