SUNIL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This appeal arises out of the following facts:

(2.) We notice from the judgment of the High Court that it had relied on the significant fact that the FIR had come into existence within four or five hours of the incident as the incident had taken place at about 5:00p.m. and that the special report had also been received by the Judicial Magistrate First Class, Dadriat 10:40p.m.. The High Court had also relied extensively on the statements of P. Ws. 4 and 5 who are the real brothers of the victim as also of Suraj Bhan and therefore the uncles of the Appellant Sunil. We have also seen the site plan which reveals that the incident happened in the house of the parties concerned, who happened to be the real brothers.

(3.) Mr. Sanjay Jain, the learned Counsel for theAppellant has, however, argued that as the spent cartridge cases had been picked up not from one place but from different places it appeared that the story that Sunil had taken the gun from his father and fired two shots, was not borne out. We have perused the site plan and find that the distance between the two places from where the spent cartridges had been picked up was so minimal that it would have no effect on the merits of the case. In any event, the eye witness account of P. Ws. 4 and 5 who are the brothers of the deceased and the accused Suraj Bhan cannot be faulted in any manner. It is also the admitted position that both the parties were living jointly in the same house although indifferent portions thereof.