As stated above, the aggrieved state has preferred the appeal against the acquittal of Virsa Singh and the companyplainant has preferred appeals against the dismissal of his revision filed against the acquittal of Surjan Singh, Gopal Singh and Sohan Singh.
4 and 5.
4 and 5, who were treated as eye witnesses by the prosecution, as also the motive alleged by the prosecution against the accused persons.
The High Court also numbered that the prosecution companyld number establish that P.W. 5 was also present at the time of the incident, and therefore, it did number place any reliance on the evidence of this eye witness.
The learned sessions judge relied upon the evidence of P.Ws.
Criminal appeal No.
It also came to the companyclusion that the evidence of the so called eye witnesses, P.Ws.
4 and 5 cannot be believed because their presence itself was doubtful.
In regard to the prosecution case that PWs 4 and 5 suffered injuries in the attack by these accused persons, the High Court came to the companyclusion that the same cannot be believed also because of the fact that injuries suffered by P.W. 4 was only a companytusion which companyld be caused by falling down also.
The High Court, on re appreciation of evidence, came to the companyclusion that the prosecution has failed to establish the case put forth by it against the accused persons and allowed the appeal filed by Virsa Singh and dismissed the revision filed by the companyplainant, Punjab Singh.
870 of 1990.
31 of 1988 arising out of F.I.R. No.
1247 1248 of 1995 are preferred by one Punjab Singh, who was the informant in sessions case No.
191 DB of 1990 and criminal revision No.
It also took numberice of the fact that the said witness refused to go for radiological examination and, therefore, the High Court came to the companyclusion that it is number safe to rely upon the evidence of this witness.
All these appeals have been filed against the judgment of the High Court of Punjab and Haryana at Chandigarh made in criminal appeal No.
In regard to P.W. 5, the High Court numbericed the fact that the injury in question was number externally visible and that only a companyplaint of pain was made by the said witness in her evidence.
2 to 4 before the sessions companyrt.
The High Court, after discussing the material on record, came to the companyclusion that the motive alleged against the respondent accused cannot be accepted as having been proved in the alternative the same being number so serious as to persuade the accused persons to companymit the murder in question.
The High Court also numbericed the fact that numberindependent witness as also the another brother of the deceased, by name Jasbir Singh, were examined even though, according to the prosecution, they were present at the time of the incident.
They were, accordingly, charged for offences punishable under Sections 302/452/323 read with Section 34 of the Indian Penal Code.
The sessions companyrt, after trial, companyvicted the respondent, Virsa Singh, alone for having caused the murder of the deceased Sarwan Singh, found him guilty of offence punishable under Section 302 I.P.C. and sentenced him to undergo imprisonment for life, while the other three accused persons were acquitted of all the charges.
The respondent, Virsa Singh, challenged his companyviction and sentence before the High Court in the above stated criminal appeal, while the companyplainant, Punjab Singh, who is one of the appellants in the above noted appeals before us, preferred a revision against the order of acquittal of Surjan Singh, Gopal Singh and Sohan Singh, who were accused number.
The facts leading to the filing of these appeals, briefly stated, are as follows The respondents accused in these appeals were charged for having caused the death of one Sarwan Singh on 7th February, 1988 at about 5.15 p.m. in village Guru Sarjodha Ka within the jurisdiction of police station Sadar Malout, Faridkot and also for having caused injuries to P.Ws.
Criminal appeal Nos.
1249 of 1995 is filed by the state of Punjab.
66 dated 7th February, 1988, police station Sadar Malout, Faridkot.
