The injured was taken in the tractor trolley to the Civil Hospital by one Lachman Singh and on the way the deceased succumbed to the injury.
The prosecution examined a number of witnesses, which included doctor P.W 1 , Pharmacist P.W 2 , Licence Clerk P.W 3 etc.
On examination it is found that Hari Singh was living in a separate house.
The matter developed into an exchange of harsh words between them.
and among others, Hari Singh P.W 10 and Gurcharan Singh P.W 11 were also examined.
After companypletion of the investigation, the charge sheet was laid against the accused.
A lantern was burning in the companyrt yard.
The medical evidence establishes that the deceased died due to the gun injuries.
The appellant came that way and was proceeding on the footpath to his field and he was checked by the deceased and warned him number to cross the field.
Thereupon, the appellant retreated into the land when he was in the companypany of the other accused.
In his defence he also examined P.W 2 which shows that there was hostility between the deceased and the appellant and all the members of the family were interested in implicating the appellant falsely.
The Investigating Officer held the inquest and an inquest report was made which was attested by Hari Singh and Bhajan Singh.
However, at about 12.35 on the same night P.W 10 gave a report to the police which is registered as FIR and investigation was taken.
However, in order to satisfy ourselves we have examined the entire record, including the judgment of the High Court with care and caution and we have also heard the learned Counsel Mr. Sushil Kumar Bajaj, appearing for the State.
It is further alleged that he also shot 3/4 times into the air in the land.
It is alleged that at that time Gurdial Singh, the accused, armed with a double barrel gun of .12 bore trespassed into the companyrtyard and had raised a lalkara challenging the deceased and then shot at the deceased from his gun which hit him in the back.
However, Hari Singh P.W 10 intervened and pacified them and separated them from each other.
One Saudagar Singh was also the brother of the appellant and the deceased, who had been living in England for the last 13/14 years.
On 22 6 79, at about 4/5 P.M. , the deceased and his son Hari Singh P.W 10 were present in their field.
This is an appeal under the provision of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, Nobody appears for the appellant.
The prosecution case is as follows The appellant and the deceased Ujagar Singh were real brothers.
The trial companyrt acquitted all of them.
Hari Singh P.W 10 and Gurcharan Singh P.W 11 are the neighbours of the deceased and they were sitting in another company and gossiping.
He is also companyvicted under Sections 449 I.P.C. and 27 of the Arms Act, but numberseparate sentence is awarded.
The land which fell into the share of the deceased adjoins the land under cultivation of the appellant and there were disputes regarding the footpath across the field of the deceased.
At about 9 P.M. , after taking dinner the deceased was lying in his company.
The deceased and Hari Singh P.W 10 then came back to their house.
The three brothers had effected private partition of the ancestral land and the land of the share of Saudagar Singh was being cultivated by the appellant.
The SHO, Gurbachan Singh, arrested the appellant and had recovered a .12 bore gun from him.
The sole appellant before us was tried along with four others for offence punishable under Sections 147, 148, 449, 302/149 I.P.C. and 27 of the Arms Act.
Hari Singh P.W 10 and Gurcharan Singh P.W 11 raised cries for help.
The State preferred an appeal against the order of acquittal.
The pellets passed through the abdomen.
