Swatanter Kumar, J.

1. Criminal Appeal No. 462-DB Mohinder Singh v. State of Punjab was heard by us along with Crl. Revision No. 734 of 1995 Baldev Singh v. Mohinder Singh and another. We had heard the learned counsel for the parties at some length on 24.4.1997. We had dismissed the appeal filed by accused Mohinder Singh, while in Criminal Revision preferred by Baldev Singh, we had directed the fine to be converted to compensation payable to the petitioner in criminal revision. This short order was pronounced by us for the reasons to be stated later on.

2. Consequently, we proceed to give reasons for our decision aforesaid.

3. Amrik Singh, a young boy of 20 years resident of village Kamalu, was going to the house of Mukhtiar Singh, his uncle, to obtain spray pump for spraying insecticide on 27.1.1994 at about 7.00 PM when he was brutally murdered by Mohinder Singh accused. This brutal murder was witnessed by Baldev Singh, father of the deceased and his brother Harbans Singh. Baldev Singh (PW2) made the statement which was recorded by Hardevinder Singh ASI (PW4) of Police State Maur, which was nearly 7 miles away from the place of occurrence. Recording of the statement was c