Dr. ANAND, J. - (1.) These two appeals under S. 14 of the Terrorists Affected Areas (Special Courts) Act, 1984 arise out of a common judgment of the Special Court, Ferozepur dated 19-4-1985. While Criminal Appeal No. 434 of 1985 has been filed by Mukhtiar Singh and Jasbir Singh challenging their conviction and sentence, Criminal Appeal No. 489 of 1985 has been filed by the complainant, Sohan Lal and is directed against the acquittal of the acquitted co-accused of Mukhtiar Singh.
(2.) 11 accused persons were put up for trial before the learned Judge of the Special Court, Ferozepur for offences under Ss. 148, 302/149, 120-BN, 397, 460, I.P.C. and Section 25 of the Arms Act. The trial Court convicted Mukhtiar Singh son of Kartar Singh for offences under Sections 302/34, 397/34, 460, I.P.C. and Section 25, Arms Act and Jasbir Singh for offences under Secs. 302/34, 337/34 and 460., I.P.C. Hazara Singh was convicted for an offence under Section 25 of the Arms Act while Jagrup Singh for offences under Sec. 411, I.P.C. and Section 25 of the Arms Act. The remaining accused were acquitted of all the charges.
(3.) According to the proscecution case, on 10-6-1984 when Sohan Lal, PW 5 father of the deceased Jajpal Singh was watching television along with his other family members, on hearing the firing of 8 or 9 shots, he came out on to the Courtyard and saw two persons standing near his son, Jajpal Singh, deceased,. One of them was armed with a gandassa while the other had a pistol in his hand. The person who was armed with a gandassa in the presence of PW 5, inflicted some injuries on Jajpal Singh while the other person took away the 12 bore DBBL gun belonging to Sohan Lal, PW 5 which was lying near the cot in the Courtyard where Jajpal Singh was sitting. Sohan Lal, PW 5 also noticed some 8 or 10 persons standing at a distance in the darkness. On hearing noise, the assailants as well as the other 8/10 persons ran away. Finding Jajpal Singh in a seriously injured condition, Sohan Lal, PW 5 removed him to the Mission Hospital, Ferozpur. Dr. A.S. Mann, Emergency Medical Officer sent information to the police regarding the arrival of Jajpal Singh in injured condition at the hospital. On receipt of telephonic information, Ratan Singh, SHO, police station Mallanwala proceeded to the hospital. In the meanwhile, it appears Jajpal Singh succumbed to his injuries. Statement of PW 5, Sohan Lal was recorded by Ratan Singh, PW 9 on reaching the hospital and that statement, Ex. P-9, forms the basis of the FIR Ex. P-9/B. After conducting the inquest proceedings and preparing the inquest report, Ex. P-2, the dead body of Jajpal Singh was sent for postmortem examination by SHO RatanSingh, PW 9. Further investigation was taken in hand and the place of occurrence was inspected and its rough site plan prepared. During inspection of the place of occurrence some empties which were found lying the Court yard of the house of PW 5 were collected besides the blood-stained earth. Sealed parcels were prepared of the empties and the blood-stained earth and the same were deposited in the police Malkhana and later sent to Forensic Science Laboratory and Chemical examiner respectively.;