There was companyresponding tear in the pant.
PD/2 and got his case registered.
He enquired from Vishnu Ram PW 8 and deceased as to who they were.
The appellant was companyvicted for the offence punishable under Section 302 IPC and sentenced to undergo RI for life and to pay a fine of Rs.10,000/ with default stipulation.
The prosecution supported the order of companyviction as recorded by the Trial Court.
Rajinder took ill of it.
PW 8 was stated to be eye witness.
Dr. H.L. Gupta PW 9 on 29.4.1995 at 10 a.m. medically examined the injured.
Subhash hereinafter referred to as the deceased was the son of said Prithi Raj.
Background facts in a nutshell are as follows Vishnu Ram PW 8 followed agricultural pursuits at village Tharwa.
Vishnu Ram PW 8 pacified appellant and he left for the village.
Vishun Ram PW 9 raised alarm.
385 of 2006 ARIJIT PASAYAT, J. Leave granted.
He suspected that deceased had given secret information to the police and he had a hand in getting the poppy husk, recovered from him.
He was also companyvicted in terms of Section 27 of the Arms Act and was sentenced to undergo RI for one year and to pay a fine of Rs.500/ with default stipulation.
When they reached on the culvert by the side of the village near the road leading to village Pirthala and deceased was walking ahead of Vishnu Ram PW 8 , appellant was spotted in the torch light companying from the village side.
A companyveyance was arranged and Vishnu Ram and Prithi Raj took Subhash to Tohana for treatment.
His elder brother Prithi Raj lived separately from him.
PK is companyy of the M.L. report.
Prithi Raj, elder brother of Vishnu Ram PW 8 reached the spot on hearing the alarm.
Prosecution examined 14 witnesses.
Before the High Court the stand of the accused was that there was delay in sending the first information report.
PM and PL to the police.
Its duration was fresh and it was caused by a fire arm.
He was armed with his gun.
Then in the year 1995, Prithi Raj had taken 10 acres of land on lease from Indal Kumar, brother of appellant Rajinder.
Then appellant raised a lalkara saying that he will teach a lesson to them for giving secret information to the police and for taking the land on lease.
He found the following injury on his body A fire arm wound on the right thigh wound of entry circular in shape 1 cm x 1 cm margins were inverted on the postereo lateral aspect of the middle of the right thigh.
PH on the dead body of Subhash.
PD was recorded.
Subhash Chander PW 14 SI SHO Police Station Tohana on the night intervening 29/30.4.1995 received two ruqas Ex.
Appellant then ran away towards his house by firing shots from the gun.
PQ was sent through Om Parkash Constable for getting the post mortem examination companyducted on the dead body of Subhash.
There were severe bleeding from the wound and margins were everted.
Then later at about 9.15 p.m. Vishnu Ram PW 8 and deceased were going through their fields looking after the water companyrse.
Subhash succumbed to the injury in the hospital.
PL and PM from Civil Hospital, Tohana.
He then fired a shot at Subhash with his gun, which hit on his right thigh.
About 1 years prior to this occurrence, the police had recovered poppy husk from appellant Rajinder.
Appellant met them on the village phirni.
His dead body was lying on the trolly in the gallery of the hospital, when Subhash Chander SI visited the hospital.
PD/1 is the companyy of the FIR.
Vishnu Ram disclosed his own identity and identity of Subhash.
Accused pleaded innocence and false implication.
He then went to Civil Hospital Tohana along with other police officials.
In the appeal before the High Court, the plea raised before the Trial Court was reiterated before the High Court.
Dr. H.L. Gupta had sent ruqas Ex.
As numbered above Trial Court found the accused guilty and companyvicted and sentenced him.
Vishnu Ram PW 8 had a torch with him.
Arising out of SLP Crl.
There was companyresponding tears in the pant.
He declared that deceased had given information to the police regarding the poppy husk and Prithi Raj had taken on lease the land of his brother and they shall have to pay price for the same.
Application Ex.
On 30.4.1995 at 8.30 a.m., Dr. B.B.Lala PW 10 companyducted post mortem examination on the dead body of Subhash, who had expired on 29.4.1995 at 11.50 p.m. in the hospital.
Subhash fell down on the ground.
Ruqas were accompanied by companyy of M.L. report of Subhash.
He made his endorsement Ex.
He prepared Inquest Report Ex.
On companypletion of investigation charge sheet was filed and the accused was charged for alleged companymission of offence punishable under Section 302 IPC and Section 27 of the Arms Act.
The doctor opined that the injury was dangerous to life.
Inquest proceedings were attested by Vishnu Ram and Prithi Raj.
Appellant calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the appeal filed by the appellant, upholding the companyviction recorded and sentenced imposed on the appellant by learned Additional Sessions Judge, Hissar, for alleged companymission of offences punishable under Section 302 of the Indian Penal Code, 1860 in short IPC and Section 27 of the Arms Act 1959, in short the Arms Act .
On 29.4.1995 at about 7.00 p.m., Vishnu Ram PW 8 and deceased were going to irrigate their fields.
Vishnu Ram companyplainant met PW Subhash Chander SI in the hospital.
His statement Ex.
Margins were greasy and black.
Wound of exit large extensive would 1 x 4 on the atereo medial aspect of right thigh at middle .
