- (1.) This appeal has been preferred by accused Anter Singh (hereinafter referred to as 'the accused') who faced trial along with 3 others for allegedly having committed homicidal death of one Hansraj (hereinafter referred to as 'the deceased'). While accused-appellant was charged for alleged commission of offence punishable under Sections 302, 302 read with Section 34 of the Indian Penal Code, 1860 (in short 'the IPC') and Section 25(1)(a) and 27 of the Arms Act, 1959 (for short 'the Arms Act'), the other three accused were charged for commission of offence punishable under Sections 302 and 302 read with Section 34, I. P. C.
(2.) Trial Court found that the accused-appellant was guilty of the alleged offences punishable under Section 302, I. P. C. and Sections 25 and 27 of the Arms Act. Life imprisonment, one year and three years sentences respectively were imposed for the three offences. The other accused persons were found to be not guilty. The High Court affirmed the conviction and sentence.
(3.) Prosecution version as unfolded during trial is as follows : On 11-4-1979, Ram Kumar (P.W. 21) found a crowd on the ground of Government College, Ganganagar at about 6.30 a.m. On reaching close to the spot, he found that a person was lying dead. While returning to his shop he found a police Constable whom he told about the dead body. The Constable Bhagwan Singh gave information to Hari Singh ASI and being satisfied that this was a murder, a case was registered under Section 302, I. P. C. Near the dead body some empty cartridges were found. Moulds of the footprints found nearby and the empty cartridges were collected. During Investigation four accused persons were arrested. The accused-appellant while in custody gave information about a gun, which was treated to be information in terms of Section 27 of the Indian Evidence Act, 1872 (for short 'the Evidence Act'). Search was made in the presence of accused and a pistol was recovered. The empty cartridges and the pistol were sent for forensic examination. During post-mortem of the dead body of the deceased bullets were recovered which were also sent for such examination. On completion of investigation, charge-sheet was placed. The accused persons pleaded innocence.;