- (1.) This criminal appeal has been filed by four appellants against the judgment dated 24/7/1987 passed by the learned Additional Sessions Judge, No. 2, Hanumangarh in Sessions Case No. 26/84 whereby he has convicled and sentenced the accused-appellants as under :- (i) Amar Singh - under S. 307. I. P. C. to undergo four years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months' R. I., and under S. 27 of the Indian Arms Act to undergo two years' R. I. and a fine of Rs. 200/-, in default of payment of fine to further undergo one month's R. I. (ii) Tahal Singh - under S. 326, I. P. C. to undergo two and half years R. I. and a fine of Rs. 500/-, in default of payment of fine to further undergo R. I. of 3 months. (iii) Kala Singh - under S. 324,1. P. C. to undergo one year's R. I. (iv) Balabeer Singh - under S. 324, I. P. C. to undergo one year's R. I.
(2.) At the outset, learned counsel for the appellants has stated that during the pendency of appeal appellant No. 3 Balbeer Singh and No. 4 Tahal Singh have expired. According to provisions of S. 394(1), Cr. P.C., the appeal preferred by these two appellants has thus abated and therefore, need not be decided on merit. Their appeals are therefore disposed of accordingly. So far as the appeal preferred by appellant No. 1 Kala Singh and No. 2 Amar Singh is concerned, I would first take the case of Amar Singh, who has been convicted for commission of offence under S. 307, I. P. C. and under S. 27 of the Indian Arms Act.
(3.) Learned trial Court has considered the statements of five prosecution witnesses in his judgment. Dr. Sahi Ram who conducted the medical examination of the injured Makhan Singh and Darshan Singh has been produced as P. W. 1 and has proved their injury reports Ex. P/1 and P/2 respectively. He has deposed in his statement that Makhan Singh received three injuries. Injury No. 1 was lacerated wound in the size of 1-" x " oval in shape and bleeding was present having inverted margins. Injury No. 2 was lacerated wound in the size of 1- x 3/4" oval in shape and bleeding was present having inverted margins. Injury No. 3 was incised wound in the size of 2" x 1 /3" x 0.2" with margin clear cut. While the first injury received by the accused Makhan Singh was on the abdomen and the location of third injury was on the right forearm with radial aspect. According to the version of the doctor both the injuries could have been caused by a firearm although, he has stated that no blackening and tatooing was present on skin around both the wounds. He has further stated that on probing by a rubber catheter from injury No. 1 to injury No. 2 it passes easily through and through i.e a track is present under both the injuries under the skin in the fat.;