Shortly thereafter the appellant and his brothers came to Karam Singhs house and again started abusing.
The rib of the deceased was also fractured.
The prosecution evidence itself is that Swaran Kaur was trying to dissuade the appellant and his people from quarrelling.
He picked up the gun and went out and saw Swaran Kaur lying injured and Dial Singh armed with a pistol.
A third circumstance is that whereas the injuries on the deceased were in the chest the injuries on Swaran Kaur were a little above the knee and be low the knee.
The shot resulted in Swaran Kaurs femur being fractured.
Swaran Kaur on 27 4 1968.
These three circum stances improbabilise the prosecution story of the shot fired at Dial Singh going through his body and then going further and hitting Swaran Kaur.
According to the prosecution case Swaran Kaur, the aunt of the appellant, was standing behind Dial Singh when the appellant shot at him and the shot which entered the body of Dial Singh came out and hit Swaran Kaur.
The occurrence, as already mentioned, took place on 27 4 1968.
This brought the appellant and his brothers to the lane and they in turn abused Karam Singh.
On appeal before the High Court of Punjab Haryana the father was acquitted while the sentence passed on the appellant was companyfirmed.
The learned Sessions Judge acquitted Balwant Singh and Jaswant Singh end companyvicted the appellant and his father.
On that day the appellants mother was going in the lane in front of the house of Karam Singh, There was an exchange of abuses between Karam Singhs wife and mother and the appellants mother because Karam Singhs dog had barked at her.
The deceased Dial Singh, a companysin of the appellant came there at that time carrying a dang and challenged the appellant and his companypanions.
Sessions Judge, Amristar, for the murder of Dial Singh and causing grievous injuries and simple hurts to Smt.
In this state of the evidence the learned Judges of the High Court thought it necessary to examine a ballistic expert.
They have relied heavily on his evidence in Order to sustain the companyviction of the appellant.
The appellant fired the gun as a result of which Dial Singh died and Swaran Kaur was also hit, According to the appellant when He went to his house to fetch a dang he heard his father, Teja Singh, raise an alarm Mar Sittya and he heard the report of a fireshot.
Teja Singh came there at that time and exhorted the appellant to fire.
Therefore she must have been in front of him and companyld number have been behind Dial Singh.
The appellant was then carrying a gun.
Moreover, even according to the prosecution evidence she was at least 25 or 30 feet behind Dial Singh when the shot was fired by the appellant.
When Karam Singh returned home and heard about this incident he abused the accused.
Alagiriswami, J. The appellant, his father Teja Singh and his brothers Jaswant Singh and Bal want Singh were tried before the Addl.
