Testimonies of interested witnesses can be reliable and form the basis of conviction. Failure to join independent witnesses does not necessarily discredit the prosecution's case.

GURMIT RAM, J.

This appeal is preferred at the instance of aforementioned appellant against the judgment of conviction dated 21.01.2003 and order of sentence dated 23.01.2003 passed by the Court of learned Additional Sessions Judge (ad hoc), Karnal in criminal case bearing FIR No.380 dated 13.11.2000, under Section 302 read with Section 34 of the Indian Penal Code (“IPC” - for short), Police Station Gharaunda vide which appellant-herein (accused-Dalip Singh) was held guilty for the offence punishable under Section 302, IPC as well as under Section 25 of the Arms Act and was awarded sentences accordingly, whereas his co-accused Dalel Singh and Dalbir Singh were acquitted of the charges framed against them by giving them the benefit of doubt.

2. The case of prosecution in precise as put forth before the learned trial Court was that on 13.11.2000, a telephonic message was received that a shot has been fired at bus stand, Gharaunda. On this Rattan Singh, ASI along with other police officials reached at railway road, Gharaunda via bus stand, Gharaunda where ward servant, Primary Health Centre, Gharaunda handed over to him one medical ruqa with regard to death of one Rakesh Kumar s/o Bal Kishan r/o Ganjbarh, Panipat due to gun shot injury. Then, the said police officer reached at Primary Health Centre, Gharaunda where he came across complainant Siri Dhar s/o Bal Kishan r/o Ganjbarh, Police Station Sadar, Panipat, who made his statement Ex.PC/Ex.PA before him to the following effect:-

“That they were four brothers namely Rakesh Kumar, Shankar Dayal, Vishnu Dutt and he himself. He along with his eldest brother Rakesh Kumar has been running a shop of auto spare parts at bus stand, Gharaunda. His both the younger brothers are still studying. About two months prior, they employed one Dalip Kumar s/o Lakhpat Ror r/o Dhingar Majra on their shop as mechanic (mistri). About one month prior to this date, one Prithvi Singh Sarpanch of village Dhingar Majra got his motorcycle make Hero Honda repaired from their shop. The total expenses for this repair was Rs. 5,800/- and this entire amount was received by abovesaid Dalip, mechanic. In this regard, Panchayat was also convened once or twice, which anyhow did not prove fruitful. Ultimately, they turned out said Dalip Mechanic from their shop, who threatened to see them. Today in the morning at about 9:00 a.m. he along with his brother Rakesh Kumar and his uncle Dinesh Kumar came to his shop. His brother Rakesh Kumar was about to lit the 'dhoopbatti' after cleaning the shop. In the meanwhile, abovesaid Dalip Kumar along with his brother Dalbir who were armed with country-made pistols came there. His brother Dalel Singh who was empty handed also reached there. On arriving there, Dalip Kumar fired a shot from his country-made pistol which hit his brother (Rakesh Kumar) on his chest. Thereafter, all the three assailants ran away from the spot. He and his uncle Dinesh Kumar could not apprehend them despite the fact that they chased them. Thereafter, he and his uncle Dinesh Kumar took his brother Rakesh Kumar to Government Hospital, Gharaunda where the Doctor declared him dead. Request was made to take action against the abovesaid assailants.”

Complainant signed his abovesaid statement in Hindi after admitting it to be correct, upon which ASI Rattan Singh made his endorsement Ex.PA/3 and sent ruqa to police station on the basis of which the instant case was registered. Proceedings under Section 174 of the Code of Criminal Procedure Code (“Cr.P.C.”- for short) in respect of dead body of the deceased were conducted within the premises of Primary Health Centre, Gharaunda. Thereafter ASI Rattan Singh visited the spot of occurrence and lifted bloodstained earth from the spot. Postmortem on the dead body of the deceased was got conducted from General Hospital Karnal.

3. Thereafter the investigation