Thomas, J. - (1.) Seven persons were arrayed as accused in a murder trial before the Sessions Court for the murder of one Sher Singh which took place on 27-7-1989, around 6.00. p.m. and all the seven were convicted under Sections 302, 148, read with Section 149, Indian Penal Code. On appeal, the High Court acquitted five of them and confirmed the conviction as against two of them (Al - Sahab Singh and A5-Bachu Singh) under Section 302 with the aid of Section 34, IPC. Both were sentenced to life imprisonment and a fine of Rs. 5,000/- each. The appeal before us has been filed by those convicted persons by special leave. State of Rajasthan has moved for special leave to appeal against acquittal of the remaining accused. As we heard the whole case we are not inclined to grant special leave to the State of Rajasthan as against the acquittal. However, we proceed to consider the appeal filed by the convicted persons Sahab Singh and Bhim Singh.
(2.) The case against them, in short, is that they caused the murder of Sher Singh who was the husband of P.W. 4 (Pushpa). Just before that Sher Singh reached the bus stop at Sait in Osmai on a motor-cycle which he parked on the road and was about to go to the nearby shop. Then all the assailants surrounded him. Appellant Bachu Singh Singh who was armed with a Katta (a country-made pistol), fired a shot at him. When the deceased tried to run away, he fell down and then the other assailants including Sahab Singh attacked him with farsa and lathis. When Sher Singh died, the assailants left the scene.
(3.) There is no dispute that Sher Singh died at the said spot with many injuries. Though the defence suggested that Sher Singh might have died in a motor-cycle accident, the various injuries noticed on his body by the doctor who conducted post-mortem examination are undoubtedly suggestive of a homicidal death. He had six incised wounds of varying sizes on his head, besides two oval shaped lacerated wounds -one on the lateral side of his face and the other near his left ear. The doctor unmistakably described the lacerated wound as a gun shot injury, one was the entry wound while the other was the exit wound. His hyoid bone, larynx and trachea were fractured while the carotid artery was lacerated. From the aforesaid data there is no escape from the conclusion that deceased was murdered.;