KANTA BHATNAGAR, J. - (1.) APPELLANT Lakha Singh, along with two others viz. Balbir Singh and Sajjan Singh (since acquitted by the trial Court], was tried for the charges under sections 302 read with 34 I.P.C. and Section 27 of the Indian Arms Act by the Additional Sessions Judge, Raisinghnagar. Vide judgment dated September 26,1989, the learned Additional Sessions Judge acquitted Balbir Singh and Sajjan Singh. He, however held the case against appellant Lakha Singh proved and sentenced him to imprisonment for life under Section 302 I.P.C and six months R.I, and a fine of Rs. 500/ -, in default of payment of fine to undergo one months R.I. Under Section 27 of the Armed Act.
(2.) FEELING aggrieved by his conviction and sentences, appellant Lakha Singh has preferred appeal in this Court . Succinctly, narrated the prosecution case is that on June 7,1986 at 10.00 P.M. Rathha Singh (P.W.3) lodged the report Ex.P/5 at Police Station, Raisinghanagar to the effect that his sister Jeeto had been married to Santokh Singh resident of 35P.S. That before ten months Lakha Singh and Balbir Singh belaboured Arjun Singh and the case was pending in the Court. In that case Santokh Singh being a witness, Lakha Singh and Balbir Singh were annoyed with him. That, on that day i.e. on June 7, 1 986 at about 6.30 P.M. when he i.e. Ratha Singh was at his house and his wife Mahender Kaur and daughter Geeta had gone to fetch water from the 'diggi' [water reservoir), he heard the report of the gun fire and rushed towards the ' diggi'. That, at that time the one more fire shot infront beneath a tree where Lakha Singh, Balbir Singh and Sajjan Singh were. He saw Lakha Singh loading the gun. Sajjan Singh was lying on the ground and Ladhu Ram Meghwal was there at the door of his house. That, on his 'lalker' as to why they were killing Santokh Singh, Lakha Singh again fired a pistol shot at Santokh Singh lying on the ground. Santokh Singh expired. That, at that time Balbir Singh and Sajjan Singh told Lakha Singh that he i.e. Santokh Singh may not remain alive. That, thereafter all of them run away from there. Bhim Singh (P.W.7) S.H.O. Raisinghnagar registered the case and went to the site and made a search for the accused in the night. On June 8, 1986, he prepared the site inspection memo Ex.P/6 and site inspection memo Ex.P/6A and other necessary memos at the site. Two wads of cartridges found at the site were taken in possession vide memo Ex.P/13. One black colour rubber tube, smelling alcohol was taken in possession vide memos Ex.P/14. The postmortem examination of the dead body of Santokh Singh was conducted by Dr. Mahavir Prasad (P.W.6), Medical Officer, Incharge Government Hospital, Raisinghnagar. The postmortem examination report is Ex.P/10. The Doctor noted external injuries on the dead body as under: - ' (1). External Injuries: One big wound of entry, lacerated with inverted edges, oval shaped, with powder deposition (tattooing) and scorching. Size: 1 'x 1/2' x thoracic cavity deep situated over 6th space, left side, front of chest 4' below left nipple, 1/2' on left to midline 1 1/2' above the epigastrium and 7 1/2' below the medial end of left Calvicle. Directing from front to back and almost horizontally. There is fracture of the internal ends of left 6th and 7th ribs. Edges of wound soreched (burnt). There is powder deposition over 61/2' x 4' area surrounding the wound as shown in the diagram. Grevious fireram. (2). Wounds -Position, Size and Nature: One big wound of entry, lacerated, with inverted edges, oval shaped, with powder deposition (tattooing) and screching size : 5'x2' skull cavity deep site situated on right parietal and frontal region 11/2' above the right eyebrow, 1/2' right midline, directing from above downwards. There is powder deposition (tattooing) over 7'x4' area surrounding the wound. Screching of edges and hair present. There is fractures in multiple pieces of right frontal and parietal bones. Grevious, Firearm.(3). Bruises - -Position, Size and Nature:Twelve wounds of entry, lacerated, with inverted edges, circular shaped, spread over area of 4 1/4'x2' on from and outer aspects of lower half of right thigh, each sized 1/6'x 1/6' tissue to muscle deep, situated 3/4' above the right knee joint and 9 1/2' below scrorching seen. Directing from front and right to back and left. Simple Firearm.
(3.) ACCORDING to the Doctor all the injuries were antemortem in nature.;