The present appellanthas been convicted by the High Court under Section 302 of Indian PenalCode, 1860 (for short “IPC”), and sentenced to imprisonment for life anddirected to pay a fine Rs. 5,000/- and in default of payment of fine he isdirected to undergo rigorous imprisonment for a further period of sixmonths.Appellant Darshan Singh has been further found guilty of the chargeof offence punishable under Section 324 of IPC, and sentenced to undergorigorous imprisonment for a period of one year and directed to pay fine ofRs. 1,000/- with default clause directing to undergo rigorous imprisonmentfor further period of two months.We have heard learned counsel for the parties and perused the paperson record.Prosecution story, in brief, is that there was dispute betweencomplainant and his relatives on one side and accused persons on the otherside regarding their turn of irrigating their fields.On account of this,earlier there had been incidents of assaulting each other.In thecircumstances, both the parties were facing proceedings under Section107/151 of Code of Criminal Procedure, 1973 (for short “Cr.PC”) beforeExecutive Magistrate, Faridkot.On 17.02.1995, complainant Amrik Singh (PW-1) along with Raj Singh (PW-3), Sukhchain Singh (PW-2) , Harbans Singh (oneof the deceased), and their father Mander Singh and cousin Gursewak Singhwith maternal uncle Santa Singh (another deceased) and Boota Singh had goneto attend the proceedings of the court.From the side of accused SurainSingh, Jasmail Singh, Darshan Singh (present appellant), Jhanda Singh andBoota Singh had also come to the court on said date.At about 11.00 a.m.both the sides started quarrelling and had a heated exchange of words, asSurain Singh objected to presence of Bhajan Singh who was relative ofcomplainant Amrik Singh and not a party to the proceedings.He (SurainSingh), a Amritdhari Sikh, took out his Siri Sahib (Small Kripan, a sharpedged weapon) and gave blow to Bhajan Singh.When complainant partyattempted to separate them, Surain Singh gave Kripan blow on the person ofMander Singh.He assaulted also on the left shoulder of the complainantAmrik Singh, and gave two blows on the person of Suckhchain Singh.He didnot stop there and also assaulted Harbans Singh (deceased) with Kripan.Accused Darshan Singh (appellant) also took out his Kripan and inflictedinjuries on the person of Santa Singh (another deceased).Accused DarshanSingh (appellant) is said to have given blows also to Raj Singh.Pal Singhand Jhanda Singh caught hold of Gursewak Singh, and Darshan Singh assaultedthem also.Accused Boota Singh instigated other accused that no one shouldbe escaped alive.The injured were taken to Guru Gobind Singh MedicalHospital, Faridkot, where Santa Singh and Harbans Singh succumbed to theirinjuries.Report of the above incident was lodged by complainant Amrik Singh(PW-2).Prafulla C. Pant, J.The appeal filed by the Statequa Darshan Singh (present appellant) against his acquittal by the trialcourt, was allowed and his acquittal was reversed.On the basis of it, FIR No. 14, dated 17.02.1995 was registered atPolice Station, City Faridkot.The investigation was taken up by Sub-inspector Ranjit Singh (PW-17), who took the dead bodies in his possession,sealed it, prepared inquest report and got sent them for post-mortemexamination.Dr. Sarabjit Singh Sandhu (PW-4) conducted post-mortemexamination on the dead bodies of Santa Singh and Harbans Singh on17.02.1995, and prepared autopsy reports.The other injured were alsomedically examined by PW-4 Dr. Sarabjit Singh Sandhu and PW-5 Dr. ManjitSingh.There were injuries also on the side of the accused, and from theirside accused Pal Singh, accused Surain Singh and accused Jhanda Singhsuffered injuries.After interrogating witnesses and on completion ofinvestigation PW-16 Assistant Sub-inspector Ram Singh (who took overinvestigation from S.I Ranjit Singh) submitted charge-sheet against accusedpersons in the court.On 7.7.1995, Additional Sessions Judge,Faridkot framed charge against all the accused, namely, Surain Singh,Darshan Singh (present appellant), Pal Singh, Jhanda Singh , Jasmail Singh,Boota Singh and Lachman Dass relating to offences punishable under Section148, 302/149 (on separate counts of death of two persons), 307/149,324/149, 218 and 201 IPC to which accused pleaded not guilty and claimed tobe tried.Thereafter prosecution got examined PW-1 Amrik Singh (informant), PW-2 Sukhchain Singh, PW-3 Raj Singh (all the three injured eye witnesses), PW-4 Dr. Sarabjit Singh Sandhu who conducted post-mortem examination, PW-5 Dr.Manjit Singh, PW-6 Gurcharanjit Kaur, Ahalmad, PW-7 Ujjagar Singh, Steno toA.D.C. Moga, PW-8 ASI Basant Singh, PW-9 Head Constable Shagan Singh, PW-10 Inspector Prithvi Singh, PW-11 Prithi Pal Singh, S.S.Teacher, PW-12Dharam Singh, Draftsman, PW-13 MHC Baljit Singh, PW-14 Dr. S.P. Singla, PW-15 Sub Inspector Shivraj Bhushan, PW-16 Sub Inspector Ram Singh, PW-17Inspector Ranjit Singh, PW-18 Constable Jagjit Singh and PW-19 SatishKalia, Ahalmad.The evidence adduced by prosecution was put to the accused by thetrial court under Section 313 of Cr.PC.In reply to which the accusedpersons alleged that evidence against them was incorrect.Appellant DarshanSingh took the specific plea of alibi stating that on 17.02.1995 he wasattending his duty as a Laboratory Assistant in Senior Secondary School,Janerian.Other accused took pleas of self defence.On behalf of thedefence DW-1 Satnam Kaur, DW-2 Rajinder Kumar, DW-3 Darshan Singh (Teacherin primary school, Pakhi Khurd), DW-4 Pawan Kumar, Ahalmad, DW-5 J.V.Tiwari, DW-6 Mukhtiar Singh, DW-7 Om Parkash and DW-8 ASI Harvinder PalSingh were examined.The trial court after hearing the parties found that charge asagainst accused Boota Singh, Darshan Singh and Lachman Dass is not provedand, as such, they were acquitted.However, accused Surain Singh wasconvicted under Section 302 of IPC for committing murder of Harbans Singhand also under Section 307 of IPC for attempting to murder Sukhchain Singh.He (Surain Singh) was further convicted under Section 324 of IPC.Rest ofthe accused Jhanda Singh, Jasmail Singh and Pal Singh were convicted underSections 302/34, 307/34 and 324/34 of IPC.After hearing the sentence, thetrial court sentenced the convicts to various sentences.Convicts Surain Singh, Jhanda Singh, Jasmail Singh and Pal Singhchallenged their conviction before the High Court, and by the impugnedorder the High Court allowed appeal of Jhanda Singh, Jasmail Singh and PalSingh, but appeal of Surain Singh was dismissed.The connected appeal No.568 DBA of 1998 filed by the State qua Darshan Singh against order of hisacquittal was allowed, and he was convicted under Section 302 of IPC forcommitting murder of Santa Singh and sentenced to imprisonment for life anddirected to pay fine of Rs. 5,000/- with default clause.He was furtherconvicted under Section 324 of IPC for voluntarily causing hurt with adeadly weapon on person of Gursewak Singh and Raj Singh and sentenced torigorous imprisonment for a period of one year and to pay fine of Rs.1,000/- with default clause.Aggrieved by said judgment and order dated02.09.2008, passed by the High Court, this appeal is filed by accusedDarshan Singh who was acquitted by the trial court, but order of acquittalwas reversed and was convicted by the High Court.Mr. K.T.S. Tulsi, Senior Advocate, on behalf of the appellant, hasargued before us that where two views are possible on the basis of evidenceon record, the High Court should not have reversed the order of acquittalrecorded by trial court.It is further contended that appellant DarshanSingh was discharging his duties in the school on 17.02.1995 and was notpresent at the place of incident when occurrence took place and as such,the acquittal recorded by the trial court was not liable to be interferedwith.Our attention is drawn to the evidence adduced in defence in supportof plea of alibi.On the other hand, learned counsel for the State pointed out that inthe incident in question, while Surain Singh committed murder of HarbansSingh, the appellant (Darshan Singh) committed murder of Santa Singh.It isfurther submitted that plea of alibi taken by the defence was correctlyfound false by the High Court after re-appreciation of evidence.Learnedcounsel for the State referred to the statements of injured eye witnesses.We have considered rival submissions and perused the entire record ofthe case.There are three injured eye witnesses in the present case,namely, PW-1 Amrik Singh, PW-2 Sukhchain Singh and PW-3 Raj Singh.It is acase of day light incident.Injuries on the person of said eye witnesseshave been corroborated by PW-4 Dr. Sarabjit Singh Sandhu, PW-5 Dr. ManjitSingh and PW-14 Dr. S.P. Singla.Ocular testimony of eye witnesses cannotbe discarded lightly.Once the prosecution has discharged its burden, theburden to prove that appellant Darshan Singh was not present with otheraccused at the place of incident and had gone elsewhere, lies on him.Injured eye witnesses have assigned specific role as to how he assaultedSanta Singh who suffered ante mortem injuries which gets corroborated fromthe autopsy report of Santa Singh.There are as many as five stabbed woundsout of the six ante mortem injuries.The same are being reproduced belowfrom autopsy report of Santa Singh:-Transverse stab wound 3 x 0.5 cm was present on the anterior side ofchest on the left side, 6 cms below and lateral to left nipple at 4.00 O’clock position.C.B.P was present.On dissection, it is going in wards andmedially through 6th inter costal space, piercing the pericardium and leftvertical.Pericardial sac contains about 200 C.C of fluid blood.It was bone deep C.B.P.Transverse stab wound 2 x 0.5 cm was present at the back of the leftside of abdomen 3 cms lateral to midline and 15 cm above the posteriorsuperior iliac spine of left side on dissection, the peritoneum largeintestia was cut.Peritoneal cavity contained about 500 C.C. of fluid andclotted blood.Transverse stab wound 2.5 x 0.5 cm was present on the back of the leftside of abdomen, 6 cms lateral to the injury no.3 C.B.P. It was skin deep.An oblique stab wound 1.5 x 25 cm on the back of left side of chest, 2cms from the midline and 20 cms below the nape of the neck, it was bonedeep C.B.P.A transverse stab wound 4 x 0.5 cms on the back of left side ofchest, 5 cms from the midline and 12 cms below the nape of the neck.C.B.P.It was bone deep.”From the record, PW-1 Amrik Singh (eye witness) appears to havesuffered following injuries at the time of the incident:-“2.4cm x 1cm incised wound-10.5 cms below and posterior to leftshoulder joint.X-ray of left shoulder joint advised.Injury was kept under observation and duration was within 6 hoursweapon used was sharp weapon” Injuries were declared simple in nature as per x-ray report and wasresult of a sharp weapon.”Another eye witness PW-2 Sukhchain Singh found to have sufferedfollowing injuries as per the injury report proved on the record:-“1. 1.0 cm x 0.25 cm incised wound on the middle of forehead.X-rayadvised.2. 2 cm x 1 cm incised wound on right side of chest 17 cms fromxiphisternum.Profuse bleeding was present.X-ray advised.Surgical opinion and X-ray advised.”Third eye witness PW-3 Raj Singh suffered following injuries on thedate of incident, as proved on the record:-“1. 1.9 cm x 1 incised wound in right Gluteal region-6 ½ cms below theright.Anterior superior iliac spine.X-ray advised.2cms x 1 cm incised wound on right lower chest.Bonedeep 22 cms belowthe right anterior, Axillary fold-17 cms below and slightly lateral toright memory gland.Surgical opinion was advised.”Now, we come to the defence plea of appellant Darshan Singh which wasaccepted by the trial court but rejected by the High Court.There is nocavil over the fact that appellant Darshan Singh was posted as LabAssistant with the Senior Secondary School, Janerian.After carefully goingthrough the statements of defence witnesses and other evidence on record,we agree with the High Court that accused Darshan Singh has taken falseplea of alibi.His presence and role is narratedin detail by the injured eye witnesses.In view of his role in the incidentnarrated by the eye witnesses, it is hard to believe that after movingapplication on 16.02.1995 for casual leave for 17.02.1995, Darshan Singhattended the school next day in the first half and sought half day leavethereafter.The attendance register was not seized immediately after theincident.His plea of alibi is vacillating.The word alibi means “elsewhere”.In the present case said conditionis fulfilled.After scrutinizing the entire evidence on record, we do not find anyillegality in appreciation of evidence, or in arriving at the conclusion asto the guilt of the present appellant by the High Court.Therefore, for the reasons discussed above, we find no force in thisappeal which liable to be dismissed.Accordingly, the appeal is dismissed.

Cited provisions: Section 324 in The Indian Penal Code; Section 302 in The Indian Penal Code; Section 34 in The Indian Penal Code; Section 307 in The Indian Penal Code