The main legal point established in the judgment is the reliance on direct evidence of eye witnesses to establish the guilt of the accused.

Irshad Hussain, J.

Accused Surendra Singh alias Bittu and Rajendra Singh, the real brothers, have filed this appeal from their conviction and sentence to imprisonment for life and fine of Rs. 5000/- and in default of payment of fine to undergo R.I. for one year under Section 302/34 I.P.C.; R.I. for six months each under Section 504 I.P.C. and R.I. for two years each under Section 506 I.P.C., per judgment dated 17-06-2002 passed by Additional Sessions Judge/F.T.C., Kashipur, District Udham Singh Nagar, in sessions trial No. 331/2001.

2. Trilok Singh co-accused of the case was acquitted of the charges also leveled against him under ali these three counts.

3. The facts of the case are that on 14-6-2001, Ram Singh deceased (hereinafter referred to as deceased), as usual went to his agricultural pinot in Mohali jungle of P.S. Bazpur, District Udham Singh Nagar. Cattle belonging to accused Surendra Singh alias Bittu entered into the plot of the deceased. In the past also these cattle have damaged the crop in the plot of the deceased. The deceased made a complaint about it to accused Surendra Singh who did not take it nicely. At about 7.30 P.M. on that day accused Surendra Singh and his brother accused Rajendra Singh started abusing the deceased. The accused Rajendra Singh told his brother that the deceased create trouble everyday and therefore need to be killed. On this instigation accused Surendra Singh fired shot from his gun which hit the deceased on the left flank of the abdomen causing him injury. At the time of the incident deceased's father Madan Singh and his other co-villagers Govind Singh and Kharak Singh were also there at the plot and they saw the occurrence. Accused gave them threat of dire consequences and fled away from there. When the deceased was being taken to hospital, he breathed his last.

4. Madan Singh, the father of the deceased, got scribed written report, Ext. Ka.l and delivered it at Police Station, Bazpur at 9045 P.M. the same day, that is, 14-06-2001 and on its basis check F.LR. Ext.Ka.9 was drawn and case under Sections 302/34, 504, 506 I.P.C. was registered against both these accused. The investigation of the case was taken up by Station Officer, S.L Rakesh Chandra Thapliyal (P.WA). The inquest on the dead body of the deceased was held in the morning of 15-6-2001 where-after the dead body was sent for post mortem examination, which was performed the same day at 1.00 P.M. by Dr. S. Ahmad. The Investigating Officer attached the sample of the blood-stained and plain earth from the place of the incident vide memo, Ext. Ka.3 and prepared the site-plan, Ext. Ka.5. Accused Surendra Singh was arrested on 22-6-2001. However the gun wielded by him in the incident could not be recovered despite search. During the investigation involvement of Trilok Singh in the commission of the crime was alleged by the witnesses and on completion of the usual formalities of the investigation charge sheet, Ext.Ka.8 was submitted against these two accused and Trilok Singh on 17-8-2001 by second Investigating Officer S.L I.D. Joshi. Defence taken in the statements by the accused was that they were innocent and were falsely implicated on account of animosity. Accused Surendra Singh also urged that informant and witnesses belong to same caste and they want the accused to leave their village and to settle elsewhere.

5. In order to bring home accusations to the accused, prosecution relied upon the evidence of six witnesses, including the two eye witnesses, informant Madan Singh (P.W.l) and Goving Singh (P.W.2). They supported the prosecution case by narrating the incident as disclosed in the F.I.R. of the case. Witness Padam Singh (P.W.3) proved that the sample of the blood-stained and plain earth was seized in his presence by the Investigation Officer vide memo, Ext. Ka.3, S.L Rakesh Chandra Thapliyal (P.WA) proved the investigation part of the case and whereas constable Rajendra Pal Singh (P.W.5) gave out that check F.LR.