RANJIT SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under Section 302, I.P.C. and sentenced to imprisonment for life. He was called upon to show cause why the sentence should not be enhanced to death.

(2.) PROSECUTION case is that there was some ill -feeling between the accused and (he deceased who were residents of village Pachar. The deceased and Bibhisan Bhoi (P.W. 1) were brothers. About six months before the incident P.W. 1 found the accused in the house of her sister (P.W. 4) when she was alone and her husband was absent. This led to a quarrel. In the evening of that day the deceased also took exception to the conduct of the accused. In a punch the deceased and P.W. 1 executed Ext. 2 acknowledging their fault for having started the quarrel with the accused. The accused, however, did not agree to execute any document. Their ill -feeling continued. Just before sun -set on 16 -6 -63 the deceased was returning from his field when the accused shot him with a gun. P.W. 2, a cowherd boy, saw the incident. Other villagers gathered. The deceased made an oral dying declaration in presence of some of the villagers at the spot m well as in the village. While he was being carried to the hospital on the way he made similar dying declaration before P.Ws. 22 and 23 at village Dhandamunda. Soon after his arrival at Khaprakhol P.S. he expired. The defence is one of denial.

(3.) THE conviction of the appellant is based on the following pieces of evidence :