KULWANT SINGH JASBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Criminal Appeals Nos. 525-26 of 1983 are taken on board as they are connected matters. Criminal Appeal No. 450/82 is filed by one Kulwant Singh who was found guilty by the High Court under S. 304, Part I, I.P.C. and sentenced to undergo 10 years' R.I. Criminal Appeals Nos. 525-26/83 are filed by one Jasbir Singh, the complainant in the case.

(2.) The appellant in this appeal along with six others was tried for offences punishable under Ss.148, 302, 307 read with S. 149, I.P.C. and S. 27 of the Arms Act. The trial Court acquitted Gurdial Singh (A-2), Balwinder Singh son of Deva Singh (A-3), Balwinder Singh son of Hans Singh (A-7) and convicted the remaining four. All the convicted four persons preferred an appeal to the High Court. The High Court convicted Kulwant Singh under S. 304, Part I, I.P.C. as stated above and acquitted the other three. Kulwant Singh has preferred this Criminal Appeal No. 450/82. Questioning the acquittal of Kulwant Singh of the murder charge and complete acquittal of the other three namely A-4, A-S and A-6 the complainant Jasbir Singh has filed Cr1. A. Nos. 525-26 of 1993.

(3.) The prosecution case is as follows :-