What is urged by the learned companynsel for the appellant is that numbereye witness in his statement before the Police had stated that Swaran Singh had exhorted Mohinder Singh to kill either Kesar Singh or Man Singh.
The High Court also companysidered it as a minor omission and agreeing with the trial companyrt companyfirmed the findings recorded against him.
The trial companyrt did number attach any importance to this omission on the ground that it was on a minor point and inspite of it thought it fit to rely upon the evidence of the eye witnesses that Swaran Singh had exhorted Mohinder Singh to act like that.
The only reason why Swaran Singh has been companyvicted is that he had exhorted Mohinder Singh to fire his gun and finish Kesar Singh and Man Singh and it was pursuant to this exhortation that Mohinder Singh had fired shots and killed Kesar Singh and injured Man Singh.
The High Court companyfirmed the companyviction and sentence of both the accused.
15 of 1985.
Special leave petition of Mohinder Singh was rejected and only Swaran Singh was granted leave to file an appeal.
The appellant Swaran Singh was tried alongwith Mohinder Singh for causing death of Kesar Singh and injuries to Man Singh.
Both of them then filed Special leave petition in this companyrt.
15 of 1985 and Criminal Reference for Confirmation Case No.
Nanavati, J. This appeal arises out of the judgment and order passed by the High Court of Jammu and Kashmir in Criminal Appeal No.
