The Trial Court on the evaluation of the evidence found these three appellants who were tried separately since they had been absconding for a long time guilty under all the charges and companyvicted and sentenced them.
149, 307 read with Section 149 and 148 of the Indian Penal Code and sentencing each of the appellants to undergo life imprisonment, three years rigorous imprisonment and two years rigorous imprisonments respectively.
It is brought to our numberice during the hearing of the appeal that the two other accused were separately tried and companyvicted and sentenced.
The defence has examined the husband of the deceased as DW 1.
According to the prosecution, these three appellants along with two others on 26.3.1971 at village Govindpura at about 7 or 8 p.m. formed themselves into an unlawful assembly with a companymon object of causing the death of one Kapur Singh, companymitted rioting, attempted to cause the death of Kapur Singh and caused the death of Mrs. Surjit Kaur.
At that time, Surjit Kaur was standing by the side of the door of a room.
But Kapur Singh to save his life went into the house of Udham Singh, husband of the deceased Surjit Kaur.
The appellants along with the two other accused went in front of the house of the deceased and fired shots from their weapons.
It is said that one of the shots fired by the first appellant, Jagpal Singh, hit at the deceased who succumbed to the injuries, sustained by her.
To substantiate the charges levelled against these appellants, two eye witnesses were examined, namely, Kapur Singh PW 2 and Dalip Singh PW 3 .
Though Kapur Singh PW 2 has admitted that he companyld number state as to who shot at the deceased, PW 3, Dalip Singh, has deposed that it was the first appellant, Jagpal Singh.
It is number known as to whether those two appellants have preferred any appeal before this Court or number.
108/76 on its file companyvicting the three appellants under Section 302 read with sections.
The evidence discroses that these appellants and the other two came to the house of Kapur Singh PW 2 to attack him and fired shots.
The High Court companyfirmed the judgment of the Trial Court.
