A conviction for murder cannot be sustained solely on expert testimony without corroborative evidence, especially when eyewitnesses contradict the prosecution's case.

JUDGMENT :

Gurvinder Singh Gill, J. -

Nazar Singh assails judgment dated 21.02.2004 passed by learned Additional Sessions Judge, Panipat, wherein the trial Court while holding him guilty of having committed offences under Section 302 IPC and under Section 25 of the Arms Act, sentenced him as under:

2. The matter arises out of FIR No.144 dated 02.07.2002 registered at Police Station Matlaudha, under Sections 302/120-B IPC and 25/54/59 of the Arms Act at the instance of Mukhtiar Singh. The translated gist of Mukhtiar Singh's statement (Ex.PE) on the basis of which FIR was lodged reads as under:

"I am resident of village Uriana Kalan and am an agriculturist. We are three brothers and own 27 killas of land. The eldest of all is Richpal Singh and younger to him is Lakhvinder Singh and I am the youngest. All of us are married. My brother Lakhvinder Singh was married to daughter of Alla Singh of village Thal, P.S.Safidon and has been residing separately from us since the last about 10 years. My father had distributed the land equally amongst all three of us. However, Lakhvinder Singh used to insist upon my father to get his share of land transferred in his name, but my father used to tell him that after his death, the land would be transferred equally amongst all the three brothers, which did not go well with Lakhvinder Singh and there used to be a dispute between Lakhvinder Singh and my father. Nazar Singh, brother-in-law (sala) of Lakhvinder Singh used to come to our village frequently and he also used to compel my father to get the share of Lakhvinder Singh transferred in his name. My brother Richpal Singh, in respect of land falling to his share, had entered into an agreement to sell with Surjit Singh Dhariwal. Today, I alongwith my father-in-law Angrej Singh, one of our relatives Raj Singh and my father Karnail Singh was proceeding to Tehsil office at Matlaudha for getting the sale deed registered. We reached near Tehsil office at about 12.30 PM. My father Karnail Singh was going a little ahead of us and when he turned from Shop No.62, Grain Market Matlaudha, towards the Tehsil office, Matlaudha, Nazar Singh, brother-in-law (sala) of my brother, suddenly appeared from the back of stack of wheat bags and ran towards my father and took out a pistol and shot at my father hitting him on the left side of his waist upon which my father fell down. We rushed towards my father to attend to him, but he succumbed to the fire-arm injury. Nazar Singh ran away from the spot towards forest alongwith his pistol. Nazar Singh has murdered my father by conniving with Lakhvinder Singh. Angrej Singh and Raj Singh have witnessed the occurrence. After leaving my father-in-law Angrej Singh and Raj Singh near the dead body, when I was proceedings towards police station you met me near the gate of grain market. I have got my statement recorded, which is correct. Sd/- Mukhtiar Singh."

3. After the aforesaid statement was recorded by PW-11 Rattan Singh, the same was sent to the police station for lodging formal FIR. PW-11 Rattan Singh proceeded to the spot and conducted inquest proceedings. Blood stained soil was lifted from the spot and was prepared into a parcel. Statements of witnesses were recorded. Rough site plan was also prepared. The dead body of Karnail Singh was sent for post-mortem examination.

4. Accused Nazar Singh was arrested on 03.07.2002. Upon search of accused Nazar Singh, a pistol .315 bore alongwith 4 live cartridges and 1 empty cartridge were recovered, which were taken into possession vide recovery memo Ex.PK. Co-accused Lakhvinder Singh was arrested on 07.07.2002.

5. Upon conclusion of investigation, challan was presented against both the accused Nazar Singh and Lakhvinder Singh on 04.09.2002 in the Court of learned Judicial Magistrate Ist Class, Panipat, who committed the c