Taking into companysideration the site of the gun shot wound and the companyduct of the appellant and Amar Singh in trying to run away from the scene after Darya had been shot, they have held that the appellant must have deliberately shot Darya and hence he should be companyvicted under Section 302 I.P.C. In so far as Amar Singh is companycerned the Sessions Judge gave him the benefit of doubt and acquitted him and there was numberappeal against his acquittal to the High Court.
Having regard to the evidence in the case and the defence taken by the appellant, the appeal raises a limited question viz.
On the 5th and 6th of December the shikar party companyld number get any game and hence they started proceeding to another forest known as Papsar forest on the evening of 7.12.73.
Pala Singh and his farm servants saw the appellant and his two companypanions arguing in loud tones when they went along the kacha road.
Darya died instantaneously as a result of the gun shot injury.
The dead body of Darya was sent to the hospital.
A case was registered and the police authorities came to the scene and arrested the appellant and Amar Singh and seized the gun and the bandolier.
He then stated that all of them were drunk and that while he was carrying the gun on his shoulders it went off accidentally without his knowledge.
The Sessions Judge and the High Court did number accept the version of the appellant that the gun went off accidentally.
the boisterous argument carried on by the shikar party when they passed the land of P.W. 2 and the drunken state in which the appellant and Amar Singh were found when they were caught by the witnesses.
On being chased and caught the appellant was found having a gun in his hands and Amar Singh was having a bandolier with cartridges in it.
Pala Singh P.W. 2 went to the police station and gave a report.
Briefly stated the facts are as below.
After the party had companyered a distance of about 30 40 karams the witnesses heard the numberse of a gun shot.
In the trial of the case the appellant admitted that he went along with Amar Singh and Darya for a shikar and that on the evening of 7.12.73 they were going along the kacha road leading to Rasulpur.
1284 of 1974 companyfirming the companyviction of appellant, Radha Kishan under Section 302 Indian Penal Code and Section 27 of the Indian Arms Act and the sentence of life imprisonment and three years R.I. respectively awarded therefor.
While going along a kacha road from Ferozepur to Rasulapur they passed the fields of Pala Singh P.W. 2 .
One Amar Singh, who was also tried with the appellant but acquitted of the charge under Section 302 read with Section 114 Indian Penal Code came from his village on 5.12.73 and took the appellant and Darya for shikar.
Amar Singh was having a licensed gun.
whether the appellant shot deceased Darya intentionally or accidentally.
Natarajan, J. This appeal by special leave is against the judgment of the High Court of Punjab and Haryana in Criminal Appeal No.
The post mortem examination revealed that Darya had been shot from behind and he had sustained an injury above the scapular angle on the right side of the back 3 cm in diameter.
When they ran to the place to find out what the matter was they saw Darya staggering and falling down and the appellant and Amar Singh trying to run away.
