M.R.Sharma, J. - (1.) Chandgi Ram deceased and Phulia P. W. 2 were real brothers They jointly owned land which was under their self cultivation. On Nov ember, 2, 1971, Chandgi Ram deceased left for his fields to collect ears of Bajra crop. Phulia P. W. 2 had also gone to the said field for helping him in this work. At about 10 30 A. M. the appellant who is the son of Chandgi Ram deceased appeared on the scene armed with a country-made 12 bore pistol. He raised a lalkara. "Your do not give me land, you have escaped earlier but now will put an end to your life." On hearing this, Phulia P. W. 2 got up and ran away towards the side where his sen Chhanga Ram P. W. 3 was grazing cattle. While running, he turned back and saw the appellant firing at his father Chandgi Ram deceased. The latter cried and the appellant put another fire into his body. Thereafter, he ran away along with his pistol towards the wine shop on the Bombay Road.
(2.) Phulia P. W. 2 and Chhanga Ram P. W 3 came to the place where Chandgi Ram was lying dead. Chhanga Ram P. W. 3 was left there to guard the dead body and Phulia P. W. 2 himself proceeded towards Police Station Bawal, which is at a distance of about one mile from the place of occurrence, for lodging the report.
(3.) Head Constable Banwari Lal P. W. 16 who was later on promoted as Assistant Sub-Inspector was working as Head Constable at the said police station at that time. He finished the recording of the report Exhibit P C. at 11.30 A M. and handed over a copy of the special report to Shiv Narain Singh Constable P W. 5 for delivering it to the learned Judicial Magistrate First Class, Rewari Thereafter, he along with Lal Chand and Ram Singh Constables left for the place of the occurrence. The dead body of Chandgi Ram deceased was lying in Killa No. 80/18. The Investigating Officer prepared the inquest report Exhibit P. 3 He took into possession one wad Exhibit P. 9 from the body of the deceased vide memo Exhibit P. K He also took into possession blood-stained earth from underneath the body of Chandgi Ram deceased vide memo Exhibit P. L. One empty cartridge lying at a distance of about 8 karams from the dead body was taken into possession vide memo Exhibit P. H. The empty cartridges were marked as Exhibits P. 7 and P. 8 at the trial. The Investigating Officer also took into possession a piece of cloth which contained the harvested ears of Bajra crop vide memo Exhibit P. J. At about 1.15 P.M. Sub-Inspector Milkha Singh P. W. 17 reached the place of occurrence and took over the investigation of the case By that time, Head Constable Banwari Lal P. W. 16 had prepared the inquest Exhibit P. D. for postmortem examination and the dead body was sent to the Civil Hospital, Rewari, for examination. Head Constable Banwari Lal P. W. 16 did not find the appellant in the village. It is the case of the prosecution that Sub-Inspector Milkha Singh P. W. 17 placed the appellant under arrest on Nov. 16, 1971, when he was produced before him by Han Singh P. W 13 and Ram Deva P. W. 14.;