The gun was placed in a sealed parcel.
Ruqa Ex.
Charge was framed against accused Daya Nand under Section 302 IPC and 27 of the Arms Act, 1959.
Chhajju Ram hereinafter referred to as the Deceased was younger to PW 5 Shankar and they had a joint khewat in the revenue estate of village Sirdhan.
Chhajju Ram was admitted to Civil Hospital, Fatehabad by his brother Shanker and Nain Sukh, where he was declared dead by the doctor.
Rough site plan, Ex.
P 3 of the accused.
Accused persons during their examination under Section 313 of the Code of Criminal Procedure, 1973 in short Cr.
Ram Kumar, Assistant Sub inspector along with some companystables reached Civil Hospital Fatehabad and recorded the statement of Shanker in Civil Hospital, Fatehabad.
P 8, licence, Ex.
Vide report, Ex.
PP of the gun was prepared.
Amar Singh who faced trial and was acquitted and Daya Nand appellant herein were already irrigating their fields.
PG was sent by Dr. Jagdish Chaudhry to the Station House Officer, Police Station Fatehabad.
595 OF 2008 Arising out of SLP Crl.
PO/1 and Ex.
Shankar and others were to take turn of irrigation at 8.00 A.M. from the accused.
Multiple wounds of small sizes were found and eleven pellets were recovered from the abdomen of the deceased.
Accused threatened that they will see them and both of them left towards the village.
Sketch map, Ex.
On 9.9.1993 the said Shankar and his brother Nain Sukh and deceased Chhajju Ram went to their fields known as Theriwala for irrigating the land.
Shankar and others also went to supervise the flow of irrigation water through the water companyrses.
At 8.00 A.M. deceased Chhajju Ram diverted the irrigation water to his field.
The clothes of the deceased were removed and sealed into a parcel.
P 9, and two live cartridges.
PF and post mortem examination was companyducted vide report Ex.
Blood started oozing out from the fire shot injury.
P 2 and underwear Ex.
Accused Amar Singh exhorted his son accused Daya Nand to fire a shot.
PL, was prepared and statements of other witnesses were recorded.
Nain Sukh PW 6 also reached there at the Naka and witnessed the occurrence apart from Shankar.
In the meantime, both the accused came from the side of village Sirdhan.
The cause of death was due to shock and haemorrhage as a result of fire arm injuries which were ante mortem in nature and sufficient to cause death in the ordinary companyrse of nature vide post mortem report Ex.
He moved an application Ex.
P0/2, human blood was found in blood stained earth and on shirt, Ex.
Ram Kumar, Assistant Sub Inspector along with Ram Kumar Constable then went to village Sirdhan.
PG/1 was sent to the Police Station and on its basis, FIR was recorded by Satbir Singh MHC, companyy of which is Ex.
As per reports, Ex.
Thereafter, accused fled away towards the village along with the gun.
PK was sent by the said Police Station to Police Station Bhattu.
Inquest proceedings were companyducted and report Ex.
PF/1 was prepared by Ram Kumar Assistant Sub Inspector in the presence of Devi Lal and Shanker Lal PWs.
Accused Daya Nand produced a double barrel gun, Ex.
The licence and the two live cartridges were also sealed in parcel and taken into possession vide memo Ex.
REPORTABLE CRIMINAL APPEAL NO.
PO, the double barrel gun, Ex.
P.C. pleaded innocence and false implication.
A wireless message Ex.
No.4325 of 2007 Dr. ARIJIT PASAYAT, J. Leave granted.
P8, was found in working order, the empty cartridge hereinafter referred to as the crime cartridge, which was lifted from the spot, Ex.
Accused Daya Nand objected that his turn of water had number yet started.
P6, was opined to have been fired from the said gun.
P 1, Banian, Ex.
He inspected the spot in the presence of Nain Sukh, Ram Sarup, Sarpanch and Brij Lal, Chowkidar.
Charge was framed against accused Amar Singh under Section 302 read with Section 34 IPC.
That statement Ex.
The case property was sent for Chemical Examination and for report of the Ballistic expert of Forensic Science Laboratory, Haryana, Madhuban.
The pellets recovered from the dead body were opined to be pellets as are usually loaded in shot gun cartridges, including 12 bore cartridge.
The pellets were sealed in a vial.
After companypletion of investigation, accused was sent up for trial.
Accused Daya Nand then fired a shot from his gun towards Chhajju Ram who took a turn but was hit on the right side of the waist and fell down.
In order to establish the accusations the prosecution examined 10 witnesses and the report of the Forensic Science Laboratory, Haryana, Madhuban was exhibited.
PF/2 by Dr. S.P. Mimani.
Challenge in this appeal is to the judgment rendered by a Division Bench of the Punjab and Haryana High Court upholding the companyviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 in short IPC in terms of the judgment dated 9/10.10.1997 passed by the Additional Sessions Judge, Hissar.
Blood stained earth was lifted, made into a sealed parcel and taken into possession vide recovery memo Ex.
Accused Daya Nand was armed with a gun.
A synoptical resume of the prosecution case is as under The prosecution machinery was set into motion at the instance of Shankar PW 5 who had four brothers.
One empty cartridge of 12 bore was found lying which was also lifted, made into a sealed parcel and taken into possession vide memo Ex.
An altercation took place between Shankar and the deceased on one side and the accused on the other.
Chhajju Ram retorted that their turn started from 8.00 A.M. onwards.
