Their evidence was believed by the Trial Judge and also by the High Court.
It was satr entiously companytended, however, that he was number the culprit.
According to the prosecution this occurrence was witnessed by Charan Singh, the owner of the shop and Mukhtiar Singh, a Student, and Bakhtawar Singh, the two persons who were having tea in the shop.
In support of the appeal it is companytended by Mr. Sethi that we should look at the evidence ourselves as the High Court does number appear to have taken into companysideration, in appreciating the evidence, the Characteristics of the injuries caused by the shot.
Appeal by special Leave from the judgment and order dated October 25, 1961, of the Punjab High Court in Criminal Appeal No.
Jai Gopal Sethi, C. L. Sareen and R. L. Kohli, for appellant.
The present appeal is on the strength of special granted by this Court.
It was number disputed that Gurdev Singh had died of a gun shot injury at the time and place as alleged.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
890 of 1961 of Murder Reference No.
74 of 1961.
The prosecution case is that at about 2.30 p.m. on November 18, 1960 when Gurdev Singh was passing the tea stall of Cbaran Singh, number far from the companyrts at Barnala on a motor cycle, the appellant Sewa Singh, who was at that time in that shop with a double barrel gun stood up and fired a shot at him.
At the trial Charan Singh denied any knowledge as to who had fired the shot and was declared hostile by the prosecution.
The appellant and one Gogar Singh, who was with him, ran away.
April 27.
Gopal Singh, D. Gupta, P. D. Menon, for respondent.
The accused pleaded number guilty.
60 of 1962.
Gurdev Singh was hit on the right side of his chest and died instantaneously.
The Punjab High Court dismissed his appeal and companyfined the sentence of death.
The Judgment of the Court was delivered by DAS GUPTA, J. The Appellant was companyvicted by the Sessions Judge, Patiala, of an offence under s.302 of the Indian Penal Code for the murder of Gurdev Singh and sentenced to death.
The other two witnesses gave evidence that they saw the present appellant, who was known to them from before, firing the shot from a double barrel gun.
