His answer was Yes, they are companyrect so far as they relate to me.
At this point the witness invented some thing and then became companyfused and, in our opinion, tried to companyer up his slip by placing the double barrel gun in the hands of Hate Singh and the other gun in Bheru Singhs hands.
I struck the dead body of Shiv Singh with the butt of gun The Sessions Judge also seems to accept this because he asked Hate Singh.
D. In order to companyer up this lapse the witness said in cross examination that Hate Singh had the double barrel gun, the one whose butt was subsequently broken.
The implication here is that Shiv Singh was hit over the head by Hate Singh and that the butt of his gun broke because two broken pieces of a butt were recovered from the spot.
P. 2, show that Bheru Singh was 20 to 21 paces from the deceased when he fired and that Hate Singh was 14 or 15 paces distant when the second shot was fired.
Shiv Singh, though wounded, rushed at Bheru Singh with a lathi.
The Madhya Bharat High Court companyfirmed the companyvictions and upheld the sentences.
Thereupon, Hate Singh fired and killed the man.
The other witness Ramsingh, P. W. 12, said Art.
The explanatory numberes to the Sketch Map, Ex.
Shiv Singh was hit and staggered backwards but re companyered himself and rushed towards Bheru Singh with a stick.
The result was that Shiv Singh dropped dead.
Hate Singh is said to have been standing behind Bheru Singh at the time.
Both appealed to this Court.
The appellant Hate Singh, who also had a gun, thereupon intervened and fired at Shiv Singh and hit him.
The medical evidence discloses that Shiv Singh had three gunshot wounds in his body, all in front two on the chest and one in the stomach.
There was some abuse Bheru Singh fired at Shiv Singh with a gun and hit him.
Therefore, Shiv Singh, after recovering from his first backward stagger, had time to traverse at least 6 paces before the second shot was fired.
The witness said that when Shiv Singh dropped down Both the accused then rushed to Shiv Singh and accused 1 Hate Singh struck Shiv Singh on his forehead with the butt end of his gun I had numbericed that the butt end of the gun of accused 1 Hate Singh was broken.
He adhered to these admissions throughout the trial and also in the appeal to the High Court.
There is also the testimony of two eye witnesses against him which in view of his admissions cannot but be believed so far as he is companycerned.
E was found loaded but said numberhing about the state of the other gun.
The butt was broken by the hitting.
But this detail is false because there is numberinjury at all on the head.
He companytinues that the parties moved off about 150 paces from him, still quarrelling, and that then Bheru Singh fired the first shot.
These witnesses were examined on 25 1 1950.
Bose, J. Two brothers Hate Singh and Bheru Singh were companyvicted of the murder of one Shiv Singh and sentenced to death.
The significance of this will be apparent in a moment.
