STATE OF PUNJAB Vs. RAJINDER SINGH

JUDGEMENT

(1.) This appeal by way of special leave arises out of the judgment and order dated 22.07.2004 in Criminal Appeal No. 481 of 1999 passed by a Division Bench of the High Court of Punjab and Haryana whereby the High Court had allowed the appeal filed by the accused-respondent Rajinder Singh setting aside his conviction and sentence of life imprisonment and fine under Section 302 IPC and under Section 27 of the Arms Act, by giving him the benefit of doubt and had also dismissed the appeal against acquittal filed by the appellant-State against the acquittal of Kuldip Singh and Rachhpal Singh, by the Sessions Judge, Faridkot.

(2.) The brief facts leading to this appeal are as follows:

(3.) The prosecution in support of its case relied on the evidence of P.W. 1 - Dr. Iqbal Singh, P.W. 2 -Madan Lal, P.W. 3 - Shamsher Singh and P.W. 4 - Anil Kumar, the last three named being eye witnesses, P.W. 9 - ASI Devinder Singh who had investigated the case for a day or so and P.W. 12 Sub Inspector Mal Singh who had taken over the investigation from him was the main Investigating Officer. The prosecution case was then put to the accused and their statements were recorded under Section 313 of the Code of Criminal Procedure. They pleaded false implication. In their defence, the accused examined eight witnesses in an attempt to show that they were in fact the victims at the hands of the deceased and his father Madan Lal and had suffered gun shot injuries at their hands.