The main legal point established in the judgment is the reliance on consistent and reliable eyewitness testimony, along with medical evidence, to establish the guilt of the accused appellants for the murder. The court also emphasized the validity of the recovery of firearms and cartridges from the accused appellants.

( 1 ) THESE are two connected appeals directed against the judgment and order dated 14/15th january 2004 passed by Sri Hari Singh, Additional Sessions Judge, Court No. 5, Rampur in sessions Trial No. 109, 110 and 111 of 2002 which were tried together. The accused appellant santok Singh is father and the other appellant, Nirmail Singh is his son. Santok Singh has been convicted under Section 302 read with Section 34 I. P. C, whereas Nirmail Singh has been convicted under Section 302 I. P. C.

( 2 ) THE murder of one Sohan Singh is involved. Death sentence has been awarded to Nirmail singh whereas life imprisonment has been awarded to Santok Singh. Santok Singh and Nirmail singh were tried under Section 25 of the Indian Arms Act also in sessions Trial No. 110 of 2002 and 111 of 2002 respectively. Sentence of three months rigorous imprisonment to each of them has been awarded for the said offence. The two sentences have been ordered to run concurrently. In addition to the imprisonment for life under Section 302 read with Section 34 I. P. C. , the accused appellant Santok Singh has also been awarded a sentence of fine of Rs. 50,000 - out of which a sum of Rs. 25,000/- has been ordered to be given to the complainant P. W. 1 Sukhbinder singh and the remaining 25,000/-is go to the State Exechequer.

( 3 ) SINCE death sentence has been awarded to the accused appellant Nirmail Singh, the Additional sessions Judge has also made reference under Section 366 (1) Cr. P. C. for the continuation of the death sentence.

( 4 ) A resume of the relevant facts would be helpful in appreciating the succeeding discussion. The incident took place on 3. 11. 2001 at about 2 P. M. in the jungle of village Dundawala under Police station Swar, District Rampur which was situated at a distance of about 6 Kms. from the concerned Police Station. The report was lodged by Sukhbinder Singh PW 1 (eyewitness) son of the deceased Sohan Singh. As per this facts unfolded in the F. I. R. , the complainant PW 1 sukhbinder Singh was irrigating the field of his potato crop on the fateful day. His uncle Mohan singh, his tractor driver PW 2 Sultan Ahmad and neighbour PW 3 Tarsem Singh were also present there. His father Sohan Singh reached the field on his motorcycle No. U. P. 22b 9548 at about 1. 45 P. M. and after watching the field for about 15 minutes left it with the complainant on motorcycle. The motorcycle was being driven by his father Sohan Singh (deceased) and he himself sat on the pillion seat. They had only covered a distance of about 100 meters from their field of potato crop and had reached the Chak-road when the two accused appellants emerged from their hiding in sugarcane field accompanied by one Arif alias Bhola and an unknown person. Nirmal Singh challenged mouthing abuses and opened shot on his father-Soha Singh from his countrymade pistol. The complainant PW 1 Sukhbinder Singh jumped from the pillion seat of the motorcycle and ran shouting. On his shouts his uncle Mohan Singh, neighbour tarsem Singh and driver Sultan Ahmad rushed up to the spot. On receiving the, first shot, Sohan singh fell down in the field situated on the northern side, of the Chak road. The assailants then neared Sohan Singh. Santok Singh, Arif and their unknown companion then opened shots on sohan Singh from close range. Arif alias Bhola had a knife also with which he gave blow to sohan Singh. When he and the witnesses advanced to come to the rescue of the victim, Santok singh, Nirmail Singh and their unknown companion threatened them with their weapons that they would also be killed if they dared to advance further. Sohan Singh also had his licensed revolver number 2456 of 38 Bore with him. After killing him, Arif alias Bhola with the help of the knife that he had cut the cord of the revolver of Sohan Singh hanging on his shoulder and took it. The assailants then ran away flaunting their weapons.

( 5 ) IT was also related in the F. I. R. that the deceased was Pradhan of v