LALJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The sole appellant Laljit Singh (Original accused No. 1) was tried along with three others for offences punishable under Ss. 302 and 307 read with 34 of the Indian Penal Code and Ss. 27, 29 and 30 of the Arms Act. The learned Sessions Judge acquitted the other three accused hut convicted the appellant u/s. 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life. He was further convicted u/s. 307 of the Indian Penal Code and sentenced to undergo seven years R.I. and to pay a fine of Rs. 1,000.00 in default of payment of which to further undergo six months' R.I. He was, however, acquitted of the offences punishable under the provisions of the Arms Act. He preferred an appeal and the High Court dismissed the same. Hence the present appeal.

(2.) The prosecution case is as follows:

(3.) Shri Kohli, learned counsel appearing for the appellant submitted that though there are injured witnesses, they are all interested and their evidence has not been relied upon in respect of the other three accused and that the investigation in the case has been highly unsatisfactory and one-sided and the acquittal of the accused under the Arms Act would go to show that the prosecution case that the appellant used gun of his father, is falsified. Learned counsel also submitted that it was a dark night when the occurrence took place and the firing is said to have taken place from behind the bricks that were stacked upto 3 feet height and the witnesses could not have identified as to who the culprit was.