CHUHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal is directed bv Chuhar Singh canvassing the correctness of the judgment made in Criminal Appeal No. 842 of 1977 on the file of the High Court of Punjab and Haryana at Chandigarh, dismissing the appeal and affirming the judgment of the trial Court convicting the appellant under Section 302, I.P.C. and sentencing him to undergo imprisonment for life and also to pay a fine of Rs. 2,000/- in default to undergo further imprisonment lor two years and also to undergo imprisonment for one year for the conviction under section 27 of the Arms Act with a direction that both the sentences are to run concurrently.

(2.) Along with the appellant, there was one other appellant namely Karaj Singh who was convicted by the trial Court under Section 302 read with Section 34, I.P.C. but he has been acquitted by the High Court. The facts of the prosecution case in brief are as follows:-

(3.) The appellant during the course of his examination under Section 313, Cr. P.C. came forward with the defence case that he and his brother were attacked by the deceased and that he in exercise of the right of private defence of his person and his brother shot at the deceased. The High Court accepted the evidence of PWs 11 and 12 and confirmed the conviction of this appellant but acquitted the other accused Kehar Singh, hence this appeal.