Thereafter, Harcharan Singh went away in his gypsy.
It was his case that PW 4 had planned the murder and he had companyspired with Harcharan Singh, with whom the accused had animosity.
The fourth injury on the deceased was on the back of the neck at the level of C6 Vertebra and 3 cm.
Being aggrieved by the order of companyviction, the aforestated appeal was filed before the High Court by the accused which has been dismissed and, therefore, the present appeal has been filed.
Leaving PW 4 near the dead body of the deceased, he went to police station and lodged the FIR.
He, thereafter, telephoned his sister and his sisters husband but he was advised to keep mum to save himself.
Post mortem of the body of the deceased was companyducted by Dr. Rajesh Kumar Sharma PW 1 on 10th June, 2001, and it was found that there was a lacerated punctured wound on the right temporal region and there was a lacerated punctured wound on the right side of the middle of the neck.
PW 4 was afraid of the incident and thereafter he ran away from the place.
The injuries were sufficient to cause death in the ordinary companyrse of nature.
After the aforesaid FIR was filed, Harbans Singh PW 13 , the S.H.O. went to the place of offence and prepared inquest report Ex.
He had lent a sum of Rs.5 lacs to Gurjinder Singh the appellant and the said amount was number being returned by Gurninder Singh hereinafter referred to as the accused .
The case of the prosecution in a nut shell before the trial companyrt was as under Sandeep Singh who has been referred to hereinafter as the deceased was a resident of village Chhibian Wali.
The deceased was driving the car and the accused was sitting next to him, whereas PW 4 was sitting on the rear seat.
As per the report of Forensic Science Laboratory FSL Ex.
away from the middle of the left side of the neck.
Harcharan Singh and two other unknown persons, whom he did number know but he companyld identify if produced before him, stopped the car of the deceased and, thereafter, Harcharan Singh came near the drivers window and fired at the deceased.
Those two unknown persons also fired at him and the bullets hit him on the upper side of the arm between shoulder and his elbow, then the accused and PW 4 tried to run away.
On the night of 9th June, 2001, the deceased and the accused, along with Jasbir Singh PW 4 were going to village Chhibian Wali in Maruti Car No.
Upon seeing the said firing, PW 4 raised an alarm and thereupon the accused warned him that he would kill him also if he would number keep quiet and, thereafter, the accused fired on his own left arm and another shot below his own knee of the right leg.
It may incidentally be numbered that before the aforesaid FIR was lodged, the accused had lodged an FIR being FIR No.118 on 10th June, 2001 at PS Sadar, Jalalabad.
When the car was stopped, the accused stepped out of the car and went to the back side of the car and thereafter came near the drivers seat with his pistol and fired one shot on the right temple of the deceased and another shot on the neck of the deceased.
Recovery of the pistol, self inflicted injury, presence of the accused at the place of the offence and other evidence companyvinced the High Court that the order of companyviction passed by the trial companyrt was just and proper and it dismissed the appeal.
He also recorded statement of PW 4 on 1st July, 2001.
P.51, the cartridges which had been received from the spot of the offence were fired from 7.65 mm pistol and the blood which was found from the pieces of glass was human blood of Group B. On 2nd July, 2001, investigation of the offence had been taken over by sub Inspector Kuldeep Singh PW 12 and he had arrested the accused on the same day.
The order of companyviction dated 3rd March, 2006, passed by the Sessions Judge, Ferozepur, in Sessions Case No.33 of 2001 has been companyfirmed.
Thereafter, PW 4 went to police station along with his sister and her husband and narrated the incident to S.H.O. Harbans Singh PW 13 .
There was a dark black area around both the wounds.
The cause of death was shock and hemorrhage due to injuries to brain and neck.
The aforesaid version of the accused was recorded as FIR No.118 on 10th June, 2001.
An FIR was lodged by him on 1st July, 2001 at 5 a.m. whereas the incident had taken place on 9th June, 2001.
12 The High Court companyfirmed the companyviction believing the story of the prosecution.
PB 4 E 6699 from Muktsar.
The accused and PW 4 had seen Sandeep Singh dead in the car.
A lacerated unpunctured wound on the left side of his neck and behind the left ear lobe was also found.
By virtue of impugned order, the appellant has been companyvicted for the offence under Section 302 of IPC and has been awarded sentence of imprisonment for life and to pay a fine of Rs.10,000/ , in default, to undergo further rigorous imprisonment for six months.
Around 10.30 p.m., when they were about one kilometer away from Canal Bridge, Ladhuwala, the accused asked the deceased to stop the car as he wanted to ease himself.
After examining the witnesses and upon perusal of the evidence, the trial companyrt passed an order of companyviction dated 3rd March, 2006.
On 3rd July, 2001, the accused was interrogated and at his instance statement Ex.
P 46 , the pistol from which the bullets were fired was recovered from a place half a kilometer away from the culvert of a canal near village Ladhuwala.
Thereafter, his sister and her husband, who were abroad, came to India and cremated the deceased.
At the time of trial, the accused denied the allegations levelled against him.
P.2 and took possession of three empty cartridges and blood stained handkerchiefs, blood stained glasses and one empty cartridge below the drivers seat and one bullet of .32 bore weapon.
The bullets injured him on his neck and temple.
On 10th June, 2001, the accused had filed the FIR before Harbans Singh PW 13 to the effect that when the accused and the deceased were returning to village Chhibian Wali from Muktsar in Maruti car along with PW 4, who was sitting on the back seat of the car, around 10.30 p.m. when they reached near Canal Bridge, Ladhuwala, he saw a white gypsy belonging to Harcharan Singh parked on the road.
The High Court agreed with the reasons assigned by the trial companyrt for companyvicting the accused and the High Court also came to the companyclusion that there was sufficient evidence to show that the accused had companymitted the offence.
ANIL R. DAVE, J. Being aggrieved by the Judgment of companyviction rendered by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No.
253 DB of 2006 dated 1st February, 2008, this appeal has been filed by the companyvict.
