JUDGEMENT
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(1.)Leave granted..
(2.)This appeal is directed against the judgment dated 30.08.2012 passed in Crl. Appeal D-960-DB/2006 by the High Court of Punjab and Haryana dismissing the appeal of accused-appellant thereby confirming the conviction of the appellant under Section 302, IPC and sentence of rigorous imprisonment for life and a fine of Rs.20,000/- with default clause and conviction under Section 25 (1B) of the Arms Act, 1959 and sentence of rigorous imprisonment for three years and a fine of Rs.10,000/- with default clause as imposed by the trial court.
(3.)Briefly stated, case of the prosecution is that on 6.03.2005, Rajbir went to sleep in the street on a cot at about 7.30 p.m. and Daya Nand (PW-7) also went to sleep in his house at about 9.00 p.m. At 11.00 P.M., Daya Nand heard the sound of vomiting of his brother and he came out and found his brother Rajbir crying in pain. PW-7 called his father Chander Bhan and both of them noticed injuries on the forehead of Rajbir with profuse bleeding. PW-7 went to call the doctor but the doctor refused to accompany him. When Daya Nand returned back, Rajbir had already succumbed to injuries. Law was set in motion by PW-7 and FIR was registered under Section 302, IPC. PW-14 had taken up the investigation and inquest was conducted on the body of the deceased Rajbir. Dr. J.K. Bhalla (PW-10) conducted autopsy on the body of deceased Rajbir and a country-made bullet was seized from the occipital area of the brain of deceased Rajbir. Dr. Bhalla opined that the death was due to injury to the brain and he issued Ex P-13-post mortem certificate. Site plan of the scene of occurrence was prepared and material objects were seized. The appellant-accused was arrested on 14.03.2005 and based on his confession statement, a pistol was recovered behind a water tank in the house of the appellant-accused. The bullet (chambered for .315" & .303" caliber firearms) and country-made pistol (chambered for .315" & .303" cartridges) were sent for the Ballistic Expert opinion. The Ballistic Expert opined that the country-made bullet (chambered for .315" & .303" caliber firearms) had been fired from the above-said country-made pistol and not from any other firearm. On receipt of the Ballistic Expert opinion and on completion of the investigation, charge sheet was filed against the appellant under Section 302 IPC, and Section 25(1B) of the Arms Act.
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