The witnesses P.W 3 and P.W. 4 were following the deceased.
The respondent filed an appeal to the High Court and a reference was made by the Sessions Judge for companyfirmation of his death sentence.
The facts of the case have been succinctly stated in the judgment of the High Court as also that of the learned Session Judge.
The respondent then fired his pistol at them and injured both of them, F.I.R. was lodged at about 11.55 p.m. and, after usual investigation, charge sheet was submitted against the respondent and he was companymitted for trial before the Sessions Judge who ultimately companyvicted and sentenced him as indicated above.
The High Court after cartful companysideration of the evidence held that the case against the appellant was number proved beyond reasonable doubt and accordingly acquitted the appellant of all the charges framed against him.
P.W. 3 and P.W. 4 on seeing the incident turned their back and ran away raising an alarm.
Hence this appeal before us.
The respondent is said to have tiled a shot at the deceased which injured in his chest and abdomen and resulted in his death.
It appears that tow accused Balraj Singh alias Chhajju Ram and Balkar Singh alias Khola prosecuted before the Sessions Judge who acquitted Balkar Singh alias Khola but companyvicted the respondent Balraj Singh alias Chhajiu under Section 302 and sentenced him to death and also companyvicted him under Section 307 IPC and Section 25 of the Arms Act.
It is alleged that on 14th April, 1973 deceased Swaran Singh accompanied by his brother Surat Singh PW 3 and son Harjit Singh PW 4 was passing though the wheat field in village Batti when he was accosted by the accused, who challenged Swaran Singh deceased to get ready for being taught a lesson for his acting as an informer against him by supplying information to the police regarding the theft of a tractor belonging to Kntpal Singh.
Murtaza Fazal Ali, J. This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated 10.9.1974 by which the appellant Balraj Singh Chhajju has been acquitted of the charges framed against him.
Later on when he was again asked to identify the respondent Bilraj Singh, he did so.
