They are The occurrence took place at about sun set.
PW 3 leaving Jai Narain near the injured Krishan Kurnar came to the village and took his father Sheo Narain, to the place of occurrence.
This led to a quarrel between them.
The medical evidence is irreconcilably in companyflict with the prosecution version in that while the deceased is said to have left his house after taking his last meal, the medical officer has opined that the deceased would have taken his last meal about 3 hours before his death.
Then Sheo Narain went to the police station, Tchana and laid the report at about 4.30 A.M. The Assistant Sub Inspector of Police after registering the case went to the scene of occurrence.
Considering the nature of the injuries inclusive of the injuries to the tongue and mouth of Krishan Kumar, the Medical Officer is of the firm opinion that Krishan Kumar companyld number have uttered any word after receipt of the injuries.
Thereafter, both the respondents made good their escape.
Both the companyvicted respondents preferred the Criminal Appeal before the High Court which for the following reasons set aside the judgment of the Trial Court and acquitted the respondents.
In the meantime, Krishan Kumar had died.
The relevant facts of the case are as follows.
PW 3 on being attracted by the hue and cry emanating from the scene of occurrence proceeded to the scene accompanied by one Jai Narain and found Krishan Kumar and the second respondent grappling, each one pulling the hair of the other.
The Medical Officer who companyducted post mortem examination on the dead body of the deceased found as many as 4 gun shot wounds and gave his opinion that the deceased had died on account of the gun shot injuries to the lungs and the said injuries were sufficient in the ordinary companyrse of nature to cause death.
The evidence of Sheo Narain that his son gave an oral dying declaration is numberhing but a tissue of falsehood.
The learned trial Judge companyvicted both the respondents for the offences charged and sentenced them as aforesaid.
The very fact that PW 3, who is numbere oilier than the brother of the deceased had number taken any step to remove the alleged injured Krishan Kumar to the hospital to save his life indicates that Krishan Kumar should have died instantaneously on receipt of the injuries.
A.S.I. took up the investigation and he recovered a fired cartridge from the scene spot and two bills marked as Ext.
During the scuffle, the first respondent, at the instigation of the second respondent, fired a shot at the deceased who on receipt of a gun shot wound on the right side of his face fell down.
On 25.6.1972 at about 6.30 P.M. whilst the deceased Krishan Kumar was proceeding to his field after taking his meal, was laid by the first respondent, who was armed with a single barrel 12 bore gun and accompanied by the second respondent, Dalip Singh.
A.S.I, arrested the first respondent on 28.6.1972 and recovered the weapon of offence, namely, the gun.
P.S. and P.T. which were the bills for purchase of ammunition by the first respondent.
The circumstances when examined in the light of the medical evidence show that the occurrence should have taken place by about 9.30 P.M. Whilst the evidence of the eye witnesses is that only one shot was fired, the doctor is of the definite opinion that injuries 1 and 2 found on the person of the deceased were as a result of two separate and independence shots.
On enquiry by Sheo Narain, Krishan Kumar told that the first respondent fired a shot at him.
The companyspicuous omission in the first information report about the presence of the fired cartridge at the scene discredits the prosecution version that the fired cartridge was recovered from the scene by the investigating officer.
They denied their companyplicity with the offence in question.
Jagdish Chander PW 3 and Krishan Kumar the deceased herein are the sons of one Sheo Narain.
Ratnavel Pandian, J. The State of Haryana by special leave has filed this appeal against the judgment of the High Court of Punjab and Haryana rendered in Criminal Appeal No.
He abused the deceased in filthy language to which the deceased took a strong objection.
PW 3 and Jai Narain figured as eye witnesses whilst Sheo Narain deposed that the deceased gave an oral dying declaration saying that he was shot by the first respondent.
He sent the fired cartridge and the gun to the Forensic expert who after examining them gave his opinion that the fired cartridge recovered from the scene of occurrence had been the one fired from the gun.
Both the respondents were examined under Section 342 of the CrPC old .
