From the testimony of the Investigating Officer PW 7 we get that he seized some earth from the spot under seizure memo Ex.
Chemical Examiner Ex.p.7 indicates that blood was found thereupon and the report of the Asstt.
In the, meantime Jagtar Singh went to Nihalsinghwala Police Station and lodged an information about the incident.
Shorn of details, the case of the prosecution is as under On April 18, 1984 the betrothal ceremony of Jagtar Singh brother of Pritam Singh the deceased was to take place in village Takhtupura Amongst others, the appellant was an invite thereto.
To prove its case the prosecution relied primarily upon the ocular version of the incident as given out by Jagtar Singh PW 3 and Lahora Singh PW 5 .
According to him, he was falsely implicated by Jagtar Singh owing to enmity.
Both the wounds companymunicated with each other.
Serologist Ex.
After the ceremony was over in the evening food and drinks were served to the guests.
At or about 11 P.M. Pritam Singh requested the appellant to leave as he, by then, had his food and drink.
Pritam Singh asked the appellant to leave the place and that the appellant felt insulted thereby.
Relying upon the finding of Dr. Goel PW 1 that the stomach of the deceased was empty, it was strenuously argued before Us that the case of the prosecution that after the betrothal ceremony food and liquor were served stood companypletely belied.
After they had proceeded a little distance, the appellant again took Pritam Singh to task for insulting and humiliating him.
Having carefully gone through the evidence of PW 3 and PW 5 we do number find any reason whatsoever to disbelieve them, particularly when numberhing companyld be elicited in cross examination to discredit them.
On that information a case registered and ASI Prithi Singh PW 7 took up the investigation.
Both of them stated that the appellant had participated in the betrothal and there after companysumed food and liquor.
Pritam Singh, while being taken to the hospital, succumbed to his.
The appellant took serious exception to such solicitation of Pritam Singh and restored that the, guests should number be treated in that manner.
P.6 indicates that the same was stained with human blood.
They next stated that at or about 11 PM.,
The next companyroboration of their evidence is furnished by Dr. B.K. Goel PW 1 , who companyducted autopsy on the body of the deceased His uncontroverted testimony shows that the deceased had the following injuries on his person 1 .A lacerated punctured wound 1 cm x 11 cm with inverted margins on the frontal surface of the abdomen midway between companytrophrenic angle and umbilicus 1 cm away from midline towards left.
The direction of the wound was downwards and outwards.
On the companytrary, through the site plan prepared by the Investigating Officer and exhibited during the trial Ex.
P. 15 and sent the same to the Chemical Examiner for examination.
The report of the Asstt.
After companypletion of investigation he submitted charge sheet against the appellant and in due companyrse the case was companymitted to the Court of Session.
This apart, companysidering the sequence of vents and the fact that the parties were known to each other from bfor, there companyld number be any scope for mistaken identity.
He then brought out a pistol from the fold of his loin cloth, fired at Pritam Singh hitting him on the abdomen and ran away.
The appellant pleaded number guilty to the charge levelled against him and asserted that he did number participate in the betrothal ceremony.
P.3 the prosecution established that there was an electric post there.
injuries.
In their cross examination an attempt was made on behalf of the appellant to prove that there was numberlight at the scene of occurrence so as to enable them to identify the miscreant but such attempt failed.
He went to the place of occurrence, companylected blood stained earth from the spot and sent the same to the Chemical Examiner for examination.
They then stated about the subsequent companyduct of the appellant which culminated in his firing at Pritam Singh with a pistol.
To avoid any further untoward incident Pritam Singh, Jagtar Singh, Lahora Singh and others took the appellant aside to escort him to his place of work in the village.
The stomach, the parts of small intestines were lacerated and the abdominal cavity was full of clooten blood.
the Special Court, Ferozpur companyvicting the appellant under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.
K. MUKHERJEE, J. This appeal under Section 14 of the Terrorist Affected Areas Special Courts Act, 1984 is directed against the judgment and order dated February 28, 1985 rendered b?
The above reports also to some extent companyroborate the evidence of the two eye witnesses regarding the place where the incident had taken place.
According to PW 1 the death was due to shock and haemorrhage caused by the aforesaid injuries and that the injuries were sufficient in the ordinary companyrse of nature to cause death.
