KHUSHI RAM Vs. STATE

JUDGEMENT

(1.) KHUSHI Ram, appellant has been convicted and sentenced under Section 307 IPC to undergo R. 1. for 5 years. Bahadur, elder brother of Khusi Ram, appellant has been acquitted of the offence punishable under Section 307 read with Section 34 IPC.

(2.) THE case of the prosecution against the appellant was that Khushi Ram and his brother Bahadur and Ram Lal were on hostile terms with Sia Ram Singh, PW 1. On 13-6-1972 at about 12 O'Clock on the exhortation of Bahadur, Khushi Ram appellant fired a gun from his roof towards Sia Ram Singh who was on his roof and thereby injured him. THE incident took place on account of enmity.

(3.) THE learned counsel for the appellant contended that the sole testimony of Sia Ram Singh should not bebelieved even against appellant Khushi Ram. THEre are certain facts and circumstances which require consideration. THEy are :