- (1.) The trial court held and the High Court concurred, that appellants were the culprits who had fired at and injured Gurdarshan Singh (who succumbed to his injuries) as also his father, brother and mother (injured eye-witnesses PWs. 8, 9 and 10). The appellants have assailed the said finding and the order of conviction and sentence for the murder of Gurdarshan Singh and the attempt to commit the murder of PWs. 8, 9 and 10.1 1. For the former offence appellants are convicted under S. 302 read with S. 34 of the Indian Penal Code and sentenced to imprisonment for life. For the latter they have been convicted under S. 307 of the Indian Penal Code and sentenced to undergo rigourous imprisonment for 4 years.
(2.) The occurrence took place on Oct. 13, 1972 at about 7.00 p.m. near the haveli of the victims and near the house of appellant No. 1 Gurnek Singh which adjoins the said haveli. The appellants had fire arms with them and they had fired at the victims from the roof of their house. Deceased Gurdarshan Singh and the three injured eye-witnesses viz. PWs. 8, 9 and 10, namely, the father, brother and mother of Gurdarshan Singh were hit by pellets and injured in the course of the very same transaction. One Sandhura Singh (not examined as witness) was also hit with pellets and sustained injuries in the course of the same transaction.
(3.) The evidence relied upon by the prosecution in order to establish the guilt of the appellants consisted of :- 1. the evidence of PWs. 8, 9 and 10, the three injured eye-witnesses; (father, brother and mother respectively of deceased Gurdarshan Singh), 2. evidence pertaining to motive; 3. the dying declaration made by Gurdarshan Singh before the Police Officer at the Hospital; 4. recovery of fire-arms at the instance of appellants 1 and 2; and 5. evidence regarding the absconding of the appellants.;