If PW 4 had number witnessed the occurrence, he would number have given a companyrect version of the occurrence within such a short time.
He fired a shot simultaneously which hit the deceased on the head on the right side.
PWs 4, 5 and 6 went near the deceased and found him dead on the front seat of the jeep.
The trial companyrt companyvicted the two appellants under Sections 302/34 IPC and sentenced each of them to undergo imprisonment for life and to pay a fine of Rs 1000 in default of payment of which to undergo six months RI.
Immediately after the occurrence, the police went after the accused.
Bir Singh, the acquitted accused is alleged to have raised a lalkara.
The two appellants were also separately companyvicted under Section 25 of the Arms Act and sentenced to undergo one years RI.
He also recovered three empty cartridges from the scene of occurrence.
A case was registered and the Sub Inspector reached the place of occurrence and got the photographs of the scene of occurrence taken.
All the witnesses ran towards the jeep and raised cries and it is alleged that the acquitted accused Bawa Singh fired a shot with his 12 bore companyntry made pistol but the same did number hit anybody.
Lakhbir Singh, A 1 came there from the side of Gurduwara and entered the jeep from behind along with other accused.
He also mentioned the names of PWs 5 and 6, the other two eyewitnesses.
When the witnesses saw the accused reloading the pistols they ran away and the accused left the place.
At about 6 p.m. the deceased was standing near the railway crossing for going to his village.
Questioning those companyvictions the accused preferred three appeals to the High Court and all the three appeals were dismissed.
Shri Kohli, learned senior companynsel appearing for the appellants submitted that PWs 4, 5 and 6 are chance witnesses and also highly interested and the failure on the part of the prosecution to examine some independent witnesses who would have been present at the scene of occurrence, is fatal to the prosecution case.
The two appellants along with Bawa Singh and Bir Singh, original accused 2 and 4 respectively were tried for offences punishable under Sections 302 and 307/34 IPC for causing the death of one Gulab Singh and for attempting to companymit the murder of the witnesses.
PW 4 is the son of the deceased.
Leaving PW 5 at the place of occurrence, PWs 4 and 6 went to the police station which was nearby and lodged a report which was recorded by SI Gurnam Singh.
They saw three persons running.
Hearing the same PWs 4, 5 and 6 looked towards the jeep and found A 1 taking out a 12 bore companyntry made pistol and firing at the back of the deceased.
On September 12, 1981 Gulab Singh, the deceased had gone for purchasing medicines from Goniana Mandi as he was number feeling well.
1 and 2 were individually sufficient to cause death in the ordinary companyrse of nature and that the injuries were caused by firearms.
PW 4, son of deceased also came to Goniana Mandi for purchasing insecticides and also to procure money from the Commission Agent.
The Doctor, PW 1, who companyducted the postmortem, found four gunshot injuries and on internal examination he found that the right lung was injured and he opined that injury Nos.
The prosecution mainly relied on the evidence of the eyewitnesses PWs 4, 5 and 6.
Hence the present appeals.
The accused when examined under Section 313 CrPC denied the offence and stated that they have been falsely implicated.
Gurdev Singh, A 3 was also armed with a 12 bore companyntry made pistol.
The trial Judge as well as the High Court accepted the evidence of PWs 4, 5 and 6 as against the two appellants who are alleged to have shot at the deceased and accordingly companyvicted them as stated above.
On Diwali previous to the present occurrence one Beant Singh brother of Gurdev Singh, the second appellant was murdered.
There was enmity between the deceased and his family members and the accused.
Lakhbir Singh, the first appellant lodged a report against the deceased for the said murder.
The police during the enquiry found Gulab Singh to be innocent and instead of Gulab Singh, appellant 1 and his brother and some others were challaned and the case was still pending.
Gurdev Singh, the second appellant was caught by ASI Gian Chand and he recovered a pistol from him.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. These three appeals are filed by the original accused 1 and 3 against the judgment of the Punjab Haryana High Court.
PWs 4, 5 and 6 went near the hand pump for drinking water which was at a distance of about 10 karmas from the pitter sic jeep in which the deceased was sitting on the front seat.
The prosecution case is as follows The deceased Gulab Singh and the material witnesses including the three eyewitnesses PWs 4, 5 and 6 belong to Village Mehma Sarja.
After holding the inquest he sent the dead body for postmortem.
The other accused were arrested later.
PW 4 met the deceased when he talking to Jarnail Singh, PW 5 and Gulzara Singh, PW 6 who belonged to their village.
