IMPORTANT POINT
Law for exercise of appellate jurisdiction restated.

Judgment

RANJAN GOGOI, J.

1. The appellant, Prem Singh, along with six others was charged for various offences punishable under the Indian Penal Code (IPC), 1860 and the Arms Act, 1959, including, the offence under Section 302 read with Section 149 IPC. Two of the accused, namely, Satish Kumar and Surinder, were acquitted even prior to the recording of their statements under Section 313 Code of Criminal Procedure (Cr.P.C). The remaining five accused, including the present appellant, were acquitted by the learned Trial Court at the conclusion of the trial by order dated 5.4.1997. Aggrieved, the State had filed an appeal before the High Court of Punjab & Haryana.

The High Court by judgment and order dated 12.5.2008 reversed the acquittal insofar as the present appellant Prem Singh and another accused, i.e., Vishwa Bandhu is concerned. Both the aforesaid accused persons were convicted under Section 302 read with Section 34 IPC and have been sentenced to undergo rigorous imprisonment for life. The appeal of the State in respect of the remaining three accused, namely, Daulat Ram, Ballu and Radhey Shyam was dismissed. Aggrieved by his conviction and the sentence imposed, the appellant, Prem Singh, has filed the present appeal.

2. The case of the prosecution, in short, is that on 26.11.1993 at about 6.30/6.45 a.m. when PW-16 Sohan Lal was present in his house, one Vijay Kumar, a neighbour, came and informed him that his elder brother Siri Krishan who had gone for a morning walk has been shot at by some persons who had come in a Maruti car. On receipt of the said information from Vijay Kumar, who claimed to have witnessed the occurrence, PW-16 alongwith his nephew Navneet Kumar went to the spot and found Siri Krishan lying in a pool of blood. The injured was removed to the government hospital at Karnal where he was declared "brought dead".

According to the prosecution, on the basis of the information sent to the police by the doctor in the government hospital, PW-24 SI Gurcharan Singh arrived in the hospital and recorded the statement of PW-16 Sohan Lal to the above effect (Exh.PQ). On the basis of the said statement a FIR was registered which was investigated initially by PW-23 Inspector Om Prakash and thereafter by PW-24 SI Gurucharan Singh and PW-27 Inspector Gordhan Singh. In the course of investigation the seven accused persons including the appellant were arrested and recovery of fire arms was allegedly effected at the instance of accused-appellant and co- accused Ballu.

From the place of occurrence several empty cartridges and lead bullets were recovered. 3 bullets were also recovered from the dead body in the course of the post-mortem examination. The same alongwith fire arms allegedly recovered at the instance of the two accused were sent for forensic examination. On completion of the investigation the accused persons including the present appellant were chargesheeted and the case was committed for trial to the Court of Sessions at Karnal. Charges under Sections 120-B, 148, 302 read with Section 149 of the Indian Penal Code and Section 25 of the Arms Act were framed against the accused. While the trial ended in the acquittal of all the accused persons the same has been reversed by the High Court in respect of the two accused persons, namely, Prem Singh and Vishwa Bandhu. Challenging the order of the High Court this appeal has been filed by accused-appellant Prem Singh.

3. The appeal was initially heard by a Bench of two Hon'ble Judges. However, there being a difference of opinion between the Hon'ble Judges the matter required consideration by a larger Bench. This is how the appeal has come to be posted before us.

4. We have heard Mr. D.B. Goswami learned counsel for the appellant and Mr. Suryanaryana Singh, learned Addl. Advocate General for the State of Haryana.

5. Having regard to the fact that in the instant case the High Court had thought it proper to reverse the order of acquittal passed by the learned Trial Court it will be appr