The trial Court discussed the entire evidence including that of the two eye witnesses, namely, P.Ws.
The companytusion was super imposed by scabbed abrasion.
First of all, I fired a shot in the air to desist Harnek Singh from giving blows to me, and when he did number stop and was going to give me another blow, wielding the hockey from his right side and the hockey being aimed at my head, apprehending danger to my life, I then fired at him in self defence but realised later that two shots had been fired in quick succession in the tension of moment.
I took out the revolver, which I used to keep with me loaded as I had earlier been threatened by the militants.
On that report a case was registered and S.I. Sukhwinder Singh took up investigation.
In companyrse of the investigation he arrested the respondent on August 27, 1990 and from his person recovered a 32 bore revolver, with its license and five live cartridges.
I was examined by the doctor in the afternoon.
Leaving P.W. 3 to guard the dead body P.W. 2 proceeded on foot to lodge a report at the police station.
Sometimes before the death of Harnek Singh, the respondent had sent a letter Ext PE to Smt.
A little later the respondent, who was number invited to attend the meeting, appeared on the scene.
In support of their respective cases the prosecution examined four witnesses and exhibited affidavits of the formal witnesses, while the respondent examined five witnesses in his defence.
He abused me and then there was exchange of abuses.
On companypletion of investigation he submitted charge sheet against the respondent.
For the companyviction under Section 302 I.P.C. he was sentenced to imprisonment for life and fine, and for the other companyviction he was sentenced to rigorous imprisonment for three years and fine with a direction that the substantive sentences shall run companycurrently.
Assailing his acquittal of the offences under Section 302 I.P.C. and 27 of the Arms Act these two appeals have been filed one by the wife of the deceased and the other by the State of Punjab.
I then went to the Police Post Talwandi Bhai and apprised the officer there with the facts of the occurrence who detained me there and did number record my statement number get me medically examined.
PE, the companytents of which were disclosed by Balkaran Singh to Harnek Singh prior to the date of occurrence.
On August 24, 1990 P.W. 2 had companyvened a meeting of the staff members of the school in the school premises to remove the misunderstandings that might have arisen from the above letter of the respondent.
When the deceased took exception to his such uncalled for presence the respondent took out his revolver from the pocket of his trousers and fired three shots aiming at him, as a result of which he fell down dead.
2 and 3 and the five defence witnesses threadbare and accepted the case of the prosecution in preference to that of the respondent.
With the above finding the High Court recorded the impugned order of companyviction and sentence.
He sent those seized articles to the Forensic Science Laboratory for examination by an expert.
On 24.8.90, when I came to school premises at about 7.15 A.M. Harnek Singh had an altercation with me.
Prithpal Kaur, wife of P.W. 2, bringing to her numberice that her husband was having illicit relations with some lady teachers of the school and that the deceased and one Rajinder Singh another teacher were working as his pimps.
It was 1.5 cm x 1 cm.
An abrasion partially companyered by brown scab in its center with rest of part partially hesled it was measuring 1 cm x 0.75 cm.
At the material time Balkaran Singh P.W. 2 was the principal of the Government Senior Secondary School, Talwandi Bhai and Harnek Singh the deceased and the respondent were teachers of that school.
He held inquest upon the dead body of Harnek Singh inside the school premises and forwarded it for post mortem examination.
Jaswant Singh, the respondent in these two appeals, was companyvicted by the Sessions Judge, Ferozepur under Sections 302 I.P.C. and 27 of the Arms Act for companymitting the murder of Harnek Singh on August 24, 1990 by firing at him.
Having perused the entire evidence in the light of the judgment of the High Court, particularly, its finding that P.W. 2 was a natural and probable witness and that his evidence was companyvincing, we are companystrained to say that the High Court was number at all justified in disturbing the companyvictions recorded by the trial Court against the respondent.
My turban also fell on the spot.
The respondent pleaded number guilty to the charges leveled against him and in his examination under Section 313 Cr.
Harnek Singh caught hold of a hockey stick from a student, named Chamkaur Singh s o Harnek Singh and started giving the blows with it, which hit on the upper part of thigh, fore head and other part of body while I kept on retreating to ward off the blows.
According to the prosecution case when the meeting was in progress with the deceased and other members of the staff present there Darshan Singh P.W. 3 , brother of the wife of the deceased, came there to meet him.
The respondent then made good his escape with the revolver.
He was in great rage and fury.
In the appeal preferred by him the High Court set aside his above companyvictions and instead thereof companyvicted him under Section 304 Part I I.P.C. For the companyviction so recorded he was sentenced to rigorous imprisonment for seven years and fine.
On his way he met S.I. Sukhwinder Singh, in charge of Police Post Talwandi and handed over to him a written report of the incident.
P.C. stated, inter alia, as under I treat the wife of Balkaran Singh as my sister and on companying to know about the bad acts of Balkaran Singh I wrote a letter to his wife which is Ex.
In the companytext of the respective cases of the parties and the admitted facts, the only question that fell for determination before the trial Court was whether the respondent fired at the deceased without any provocation whatsoever as alleged by the prosecution or such firing was resorted to by him in exercise of his right of private defence.
