K.S.GAREWAL, J. - (1.) The State of Punjab has filed this appeal against the judgment of the learned Sessions Judge, Patiala, dated August 3, 1993 whereby Jang Singh and Gurmail Singh were acquitted after trial at which Jang Singh had been charged of murdering his servant Inder Asan by shooting him with his partner Gurmail Singh's .12 bore gun on August 16, 1990.
(2.) The occurrence had taken place at Jand Manghouli where Jang Singh and Gurmail Singh had a liquor vend. According to the prosecution, the deceased Inder Asan was their servant (karinda). Jang Singh- respondent No.1 was unhappy with the deceased on account of dilution of the liquor sold at the vend which had led to lowering of the shop's reputation and fall in the sales. On August 16, 1990 at 10.30 P.M. Jang Singh was seen quarreling with the deceased at the above liquor vend when HC Sajjan Singh (PW-3) and C. Bhagat Singh (PW-4), of Police Station Ghanaur, happened to pass that way on a routine patrol. HC Sajjan Singh and C.Bhagat Singh overheard the quarrel between Jang Singh and the deceased, Jang Singh was heard accusing the deceased that he had mixed water in the liquor sold at the vend. The deceased was heard replying that this had to be done to meet his personal expenses. On hearing this Jang Singh got enraged, he went inside the vend and picked up his partner Gurmail Singh's .12 bore gun and fired a single shot hitting the deceased on his right eye. He then threw the gun in the vend and ran away from the spot.
(3.) The aforesaid two witnesses saw the occurrence in the electric light and tried to chase Jang Singh, but he managed to escape under cover of darkness. Inder Asan died at the spot. The matter was reported to the police.;