P.C. were duly recorded.
HR 06 G 2165 and after overtaking the motor cycle came in front thereof with the result that Gurjeet Singh had CRL.A. No 1167 of 2007 REPORTABLE to stop on the road side.
An appeal was thereafter taken by all the four accused to the High Court.
Gurbachan Singh rushed to Police Station Kichha and recorded the First Information Report at about 730p.m.
The trial companyrt relying on the aforesaid ocular evidence as supported by the medical evidence of Dr. S.K. Mishra, P.W. 4, held all the four accused Jagdeep Singh and Manjeet Singh guilty of murder simplicitor under Section 302 whereas present appellants Harbans Singh and Jaswant Singh were held guilty under Section 302/149 IPC and sentenced accordingly.
The accused thereupon fired gun shots at Gurjeet Singh killing him on the spot.
The High Court dismissed the appeal by its judgment dated 15th June, 2007.
They denied all allegations levelled against them.
As the two reached near the Kichha railway station about half a kilo metre away from Police Station, Kichha, the four accused Jagdeep Singh and Manjeet Singh armed with companyntry made weapons and Harbans Singh and Jaswant Singh, the present appellants, chased them in their Esteem Car bearing No.
The prosecution case was then put to the accused and the statement under Section 313 Cr.
P.W. 7 Harish Mehra, the SHO, of P.S. Kichha reached the place of incident and made the necessary enquiries and sent the body for the post mortem examination.
in which bare details with regard to the incident were given by him.
The incident was witnessed by Bhagat Singh, Deedar Singh, Kuldeep Singh and Ashok Kumar and several other persons.
on the 30th of October, 2001, Gurbachan Singh P.W. 1, was riding pillion on the motor cycle being driven by his son Gurjeet Singh deceased.
This appeal by way of special leave arises out of the following facts At about 700p.m.
The prosecution in support of its case examined Gurbachan Singh P.W. 1, the first informant, as one of the eye witnesses and his nephew Deedar Singh P.W. 2 as the second eye witness Dr. S.K. Mishra P.W. 4, the doctor, who had performed the post mortem CRL.A. No 1167 of 2007 REPORTABLE examination on the body and P.W. 7 the Investigating Officer, Harish Mehra.
On the companypletion of the investigation, a charge under Section 302 of the Indian Penal Code simplicitor was framed against the four accused whereas a separate charge under Section 25 of the Arms Act was framed against Jagdeep Singh and Manjeet Singh, the two accused who had been armed with a fire arm each had fired the fatal shots.
The Special Leave Petition filed by Jagdeep Singh and Manjeet Singh was dismissed by a simple order of dismissal whereas leave was granted in the Special Leave Petition filed by Harbans Singh and Jaswant Singh, the present appellants.
As the accused denied charges levelled against them they were brought to trial.
