A.N. Jindal, J. - (1.) THIS appeal is directed against the judgment dated 22.9.1997 passed by the then Sessions Judge, Ferozepur, vide which, accused Harnam Dass (hereinafter referred to as the Appellant) was convicted under Section 302 of the Indian Penal Code (for short 'IPC') and Section 27 of the Indian Arms Act and sentenced to undergo imprisonment for life and to pay a fine of Rs. 3000/ -, in default of payment of fine, to undergo further rigorous imprisonment for six months, under Section 302 IPC and to undergo rigorous imprisonment for 3 years and to pay fine of Rs. 1000/ -, in default of payment of fine, to undergo further rigorous imprisonment for two months, under Section 27 of the Arms Act. However, all the substantive sentences were ordered to run concurrently.
(2.) APPELLANT -Harnam Dass, a resident of Ferozepur was running an electronic shop. His son Harmanjit Singh had died in an accident, but the Appellant was suspecting that Vijay Kumar and Krishan Kumar had a hand in it and they had projected the homicidal death of Harmanjit Singh as an accident. In nutshell, the facts as unfolded by the prosecution during the trial are that on 30.4.1995 at about 10.15 a.m., Amrik Singh (hereinafter referred to as the complainant) was talking with his friend Yadwinder Singh at Hindu Girls School. In the meantime, Krishan Kumar along with Vijay Kumar (both deceased) came on a scooter from the side of Bansi Gate; Krishan Kumar was driving the scooter, whereas, Vijay Kumar was sitting on pillion seat. On seeing theirs, the Appellant came down from his shop with his 303 bore rifle (issued to him by the Government) and exhorted the deceased to stop. At this, Krishan Kumar stopped the scooter by placing his feet on the ground, but remained sitting on the driver seat, whereas, Vijay Kumar alighted from the scooter. The Appellant while challenging them that they had killed his son fired two shots; one at Vijay Kumar and the other at Krishan Kumar. Resultantly, both fell down and expired at the spot. Then Amrik Singh, brother of Vijay Kumar (deceased) after deputing Yadwinder Singh to take care of the dead bodies went to the Police Station and lodged the report FIR No. Ex. PM/2, which was recorded by Sub Inspector Bakhshish Singh. Sub Inspector Bakhshish Singh reached the place of occurrence, prepared the Inquest Reports, dispatched the dead bodies for post mortem examination and lifted the blood stained earth from two places, which was converted into two separate sealed parcels. He also lifted two empty cartridges from the spot and took them into possession vide memo Ex. PN. He also took into possession a scooter, a pair of V -shape chappels and goggles vide memo EX.PR and prepared the rough site plan Ex.PL. Appellant was arrested on 1.5.1995 and the rifle Ex. P1 along with 48 cartridges were also taken into possession.
(3.) ON completion of the investigation, the challan against the Appellant was presented in the Court. On commitment of the Court, the Sessions Judge, Ferozepur took cognizance and framed charge under Section 302 IPC and Section 27 of the Arms Act, to which the Appellant pleaded not guilty and claimed trial.;