Trial Court found that the accused appellant was guilty of the alleged offences punishable under Section 302 IPC and Sections 25 and 27 of the Arms Act.
Life imprisonment, one year and three years sentences respectively were imposed for the three offences.
While returning to his shop he found a police Constable whom he told about the dead body.
While accused appellant was charged for alleged companymission of offence punishable under Sections 302, 302 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and Section 25 1 a and 27 of the Arms Act, 1959 for short the Arms Act , the other three accused were charged for companymission of offence punishable under Sections 302 and 302 read with Section 34 IPC.
During Investigation four accused persons were arrested.
The accused appellant while in custody gave information about a gun, which was treated to be information in terms of Section 27 of the Indian Evidence Act, 1872 for short the Evidence Act .
Near the dead body some empty cartridges were found.
The accused persons pleaded innocence.
The empty cartridges and the pistol were sent for forensic examination.
37 witnesses were examined to substantiate the prosecution version.
Moulds of the footprints found nearby and the empty cartridges were companylected.
During post mortem of the dead body of the deceased bullets were recovered which were also sent for such examination.
On companypletion of investigation, charge sheet was placed.
The Trial Court found that the evidence was number sufficient to fasten guilt on the companyaccused, while holding appellant guilty as above numbered.
The other accused persons were found to be number guilty.
Prosecution version as unfolded during trial is as follows On 11.4.1979, Ram Kumar PW 21 found a crowd on the ground of Government companylege, Ganganagar at about 6.30 a.m. On reaching close to the spot, he found that a person was lying dead.
Search was made in the presence of accused and a pistol was recovered.
The High Court affirmed the companyviction and sentence.
Appeal to the High Court did number bring any relief.
The Constable Bhagwan Singh gave information to Hari Singh ASI and being satisfied that this was a murder, a case was registered under Section 302 IPC.
ARIJIT PASAYAT,J. This appeal has been preferred by accused Anter Singh hereinafter referred to as the accused who faced trial along with 3 others for allegedly having companymitted homicidal death of one Hansraj hereinafter referred to as the deceased .
