- (1.) The State of Haryana by special leave has filed this appeal against the judgment of the High Court of Punjab and Haryana rendered in Criminal Appeal No.483/74 whereby the High Court had allowed the said appeal preferred by the respondents 1 and 2 and acquitted them of their convictions under Section 302 IPC and under Section 302 read with Section 109, IPC respectively and the sentence of imprisonment for life and fine of Rs. 500/- in default to undergo imprisonment for a further period of two years, imposed by the Additional Sessions Judge, Hissar. The relevant facts of the case are as follows: Jagdish Chander (PW-3) and Krishan Kumar (the deceased herein) are the sons of one Sheo Narain. On 25-6-1972 at about 6.30 p.m. whilst the deceased Krishan Kumar was proceeding to his field after taking his meal, was laid by the first respondent, who was armed with a single barrel 12 bore gun and accompanied by the second respondent, Dalip Singh. He abused the deceased in filthy language to which the deceased took a strong objection. This led to a quarrel between them. PW-3 on being attracted by the hue and cry emanating from the scene of occurrence proceeded to the scene accompanied by one Jai Narain and found Krishan Kumar and the second respondent grappling, each one pulling the hair of the other. During the scuffle, the first respondent, at the instigation of the second respondent, fired a shot at the deceased who on receipt of a gun shot wound on the right side of his face fell down. Thereafter, both the respondents made good their escape. PW-3 leaving Jai Narain near the injured Krishan Kumar came to the village and took his father Sheo Narain to the place of occurrence. On enquiry by Sheo Narain, Krishan Kumar told that the first respondent fired a shot at him. Then Sheo Narain went to the police station, Tohana and laid the report at about 4.30 a.m.
(2.) The Assistant Sub-Inspector of Police after registering the case went to the scene of the occurrence. In the meantime, Krishan Kumar had died. A.S.I. took up the investigation and he recovered a fired cartridge from the scene spot and two bills marked as Exts.P.S. and P. T. which were the bills for purchase of ammunition by the first respondent.
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