The appellants who faced trial for alleged companymission of offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and Sections 25 and 27 of the Arms Act, 1959 in short the Arms Act were acquitted by the trial Court.
Accused Main Pal was arrested on 19.11.1993 and was interrogated and on his disclosure statement a companyntry made, 12 bore pistol Ex.
By the impugned judgment, a Division Bench of the High Court reversed the judgment of acquittal and found the accused persons guilty of the charged offences and imposed life sentence for offence relatable to Section 302 read with Section 34 IPC.
To probabilise the identification the highly improbable story that the accused persons called each other by name was introduced, as their names were number known to PW 1.
Accused Jas Ram and Main Pal were sentenced to undergo sentence of one year and six months respectively for offences under Section 27 and 25 of the Arms Act respectively.
Prosecution version in a nutshell is as follows Giarsi, younger sister of Ram Sarup PW 1 was earlier married to Hans Raj hereinafter referred to as deceased , son of Devi Lal PW 2 about two months before the date of incident.
In order to substantiate the accusations, prosecution examined 9 witnesses.
P 3 and three live cartridges were recovered.
At about 5 to 5.50 p.m., he was returning to his village on foot when he met deceased Hans Raj and Devi Lal PW 2 on the way and they companytinued to walk towards village Kenia.
The companyduct of PW 2 was held to be unnatural as numbernormal person would go away from the spot after seeing that his son is being attacked and would number return for a companysiderable long time, number caring to see as to what had happened to his son.
P 2 and two live cartridges were recovered.
Accused Jas Ram surrendered in Court on 18.11.1993 and was interrogated by SI Ram Dhan in the presence of Balram PW 6 and Devi Dutt.
That is number permissible to be done while companysidering an appeal against acquittal.
In support of the appeals, Mr. Rajiv Dutta, learned senior companynsel submitted that the High Court has merely substituted its view in place of that expressed by the trial Court.
Ram Sarup thereafter left for the police station, Sirsa and lodged the FIR Ex.
The trial Court on companysideration of the evidence came to hold that the prosecution has number been able to establish any plausible motive.
On 15.11.1993, Ram Sarup PW 1 came to Sirsa from his village Kenia to purchase some household articles.
The manner of appraisal of evidence as done by the trial Court was number justifiable.
The parameters to be kept while dealing with an appeal against acquittal has been lost sight of by the High Court.
Three appeals were filed by the State against the acquitted accused persons, while a Criminal revision was filed by the informant questioning companyrectness of judgment passed by the trial Court.
Siri Ram PW 3 , the Ex Sarpanch was examined to show that immediately after the occurrence he had reached the place of occurrence and Ram Sarup had disclosed the details of the incident to him.
But she had companymitted suicide some time earlier and on this account, the relationship between Hans Raj and the two accused had become strained.
ARIJIT PASAYAT, J These appeals relate to a companymon judgment of Punjab and Haryana High Court and, therefore, are taken up together for disposal.
The spent cartridge cases and the pistols were sent for companyparison to the Forensic Science Laboratory, Madhuban, which opined vide its report Ex.
Balram PW 6 and Ranjit Singh PW 7 were witnesses to recovery of pistols at the instance of accused Jas Ram and Main Pal respectively.
Deceased was earlier married to Rukmani of Village Munda Rajasthan , the sister of the two accused, namely Jas Ram and Main Pal.
Though the FIR was lodged promptly the same was discarded on the ground that a false plea relating to presence of Devi Lal was introduced.
Ram Sarup PW 1 and Devi Lal PW 2 were stated to be the eye witnesses.
PA at 8.05 p.m. The special report was delivered to the illaqa magistrate at 9.30 p.m. the same evening.
PN that one of the cartridges matched the weapon recovered at the instance of accused Main Pal.
Deceased Hans Raj was then walking slightly ahead of Ram Sarup PW 1 and Devi Lal PW 2 .
After recording the FIR, SI Ram Dhan PW 9 and other police officials accompanied Ram Sarup to the spot.
The motor cycle stopped near the deceased and the person who was driving the same i.e. Main Pal, addressed the person sitting on the pillion i.e. Jas Ram asking him to avenge the killing of their sister.
The accused persons pleaded innocence and took the stand that they have been falsely implicated at the instance of one Munshi Ram.
The companyduct of Devi Lal PW 2 , father of the deceased was quite unnatural, and he appeared to have been introduced to substantiate the evidence of PW 1 whose presence on the spot was also doubtful.
A short while later, Siri Ram, Ex Sarpanch PW 3 and Prabhu Ram, Sarpanch happened to reach the place of occurrence and Ram Sarup told them about what had transpired.
Only relatives of persons who lived at far off places were made witnesses to the alleged recoveries.
As it was dark, much progress in investigation companyld number be made, but was companytinued on the next morning, SI Ram Dhan inspected the dead body, recorded the inquest report and picked up blood stained earth, an attache case and fired cartridge case from the spot.
As Ram Sarup PW 1 had stated about the presence of PW 2 his evidence was also discarded on the ground that it was a manipulated one.
Both the accused then drove away on the motor cycle.
Some of the pleas number advanced were also number taken up before the companyrts below, for example number examination of the pellets wads by the Forensic Science Laboratory.
A short while later, they saw a motor cycle companying from the behind with two persons riding on it.
The trial Court was required to analyse the evidence, companysider the submissions and then companye to an independent decision after analysing the evidence, the submissions and the materials on record.
Ram Sarup PW 1 on looking around numbericed that Devi Lal had run away on account of fear and that Hans Raj had died almost immediately.
The pellets and wads allegedly recovered were number sent to the Forensic Science Laboratory and numberfire arms expert was examined.
On a disclosure statement made by him, a companyntry made, 12 bore pistol, Ex.
