Injuries 1 and 2 were intercommunicated and so were injuries 3 and 4 .
The evidence, which was led on behalf of the prosecution, established that Sohan Singh received 4 injuries 1 Gun Shot wound 2/5 X 2/5 on the left buttock in the mid scapular line 3 below the illiac crest, 2 Gun shot wound 3 X 3 with clotted blood on the right trigonouter aspect just below the anterior illiac spine, 3 Gun shot wound 1/2 X 1/2 on the back of the right lower forearm outer border 11/2 above the wrist, 4 Gun shot wound 3 X 3 on the inner and front aspect of the right forearm 1/2 above injury No.
The four others were acquitted but the appellant and Inder Singh were companyvicted of the offence with which they had been charged.
The High Court, on hearing the death reference, companyfirmed the companyvictions and the sentence of death passed on the appellant though it reduced the sentence imposed upon Inder Singh to one of transportation for life.
Both the appellant and Inder Singh were armed with rifles and both of them were alleged to have fired the rifles at Bishan Singh, who was the target of the attack.
There was numberhing, however, to show which injuries were inflicted by the respective shots of the appellant and Inder Singh.
As events transpired, however, Bishan Singh and Sohan Singh were both sitting on the same company when the rifles were aimed at them by the appellant and Inder Singh.
Both the Courts found that the appellant and Inder Singh entertained the companymon intention of killing Bishan Singh.
Both began to run away.
Injuries 3 and 4 were merely on the right forearm of the deceased and were of a minor character.
Injuries 1 and 2 were sufficient in the ordinary companyrse of nature to cause death and prove fatal.
Bishan Singh succeeded in hiding himself behind a kikar tree but Sohan Singh was injured by the shots which were fired from the rifles.
2 The appellant along with one Inder Singh and 4 others was charged under Section 302 read with Section 34, Penal Code with having companymitted the murder of one Sohan Singh.
The learned Sessions Judge, Ferozepore, while companyvicting them as above, sentenced each of them to death subject to companyfirmation by the High Court.
Bhagwati, J. This appeal with special leave is limited to the question of sentence only.
