Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and Section 27 of the Arms Act, 1959 (in short 'Arms Act'). Three persons faced trial for commission of murder of Jagdev Singh (hereinafter referred to as the 'deceased'). Sadhu Singh, Wazir Singh and Harjinder Singh faced trial for alleged commission of offences punishable under Sections 302, 323 read with Section 34 IPC and Section 27 of the Arms Act. The trial Court held that the appellant was guilty of offence punishable under Section 302 IPC while the other two were guilty of offence punishable under Section 323 IPC. Additionally, appellant was found guilty of offence punishable under Section 27 of the Arms Act.
(3.) Prosecution version in a nutshell is as follows: On November 12, 1996 Bachittar Singh (PW-3) along with his sons Sukhdev Singh (PW) and Jagdev Singh (hereinafter referred to as 'deceased') were returning to their village at about 9.00 p.m. on a tractor which was being driven by Bachittar Singh while his two sons were sitting on it and when they were about 5-7 Karams short of the house of accused Sadhu Singh they saw the three accused standing in Sadhu Singh's doorway. At that time Sadhu Singh was armed with a 12 bore SBBL gun while Wazir Singh and Harjinder Singh alias Pappa were empty handed. Wazir singh and Pappa walked upto the tractor and stopped it. Thereafter, Wazir Singh raised a lalkara that Bachittar Singh and others should be taught a lesson for cultivating the land coming in their father's share and thereupon Sadhu Singh fired a shot at the deceased and Pappa Singh started throwing bricks. Bachittar Singh and others raised alarm and the accused retreated to their house. When Bachittar Singh and Sukhdev Singh came down from the tractor they saw that Jagdev Singh had died. Bachittar Singh left Sukhdev Singh near the dead body and drove the tractor to his house from where he collected Baljinder Singh (brother-in-law of the deceased) and met S.I. Satwant Singh S.H.0., Police Station, Saddar (P.W.6), near the canal bridge within Bir Behman and narrated the occurrence to S.I. Satwant Singh who recorded his statement Ex. P. D. This statement was sent through Constable Chhinder Pal to Police Station Saddar for registration of the case after recording proceedings Ex. P D/2) by M.H. C. Sikandar Singh. The Investigator took up investigation. The doctor found various injuries on the body of the deceased. After completion of investigation charge sheet was filed. As the accused persons pleaded innocence, trial was held. In order to further its version the trial Court primarily relied on the evidence of PWs 1, 3 and 4. It did not accept the plea of right of private defence as set up by the accused persons. In appeal, the stand before the trial Court was re-iterated but the High Court found that there was no question of exercise of right of private defence. ;