e 76 1 Cr Appe 304eDBof 2000 Cr Revision No1463 of 2000 Crl Revision No1533 of2000 and Cr Revision N1534 of 2000 11 IN THE HlGH COURT OF PUNJAB 8 HARYANA AT CHANDIGARH e 4t Cr AppealNo04mDB of 2000 Date of Decision 15 2009 k M lt 1r Kanwar Sain and another 1 C4 ppellants t Versus Stateof Punjab e eRespondent Z Cr Revision No1463 of 2000 r k AI k k Ir Gurmeet Singh etitioner 9 Z Versus State of Punjaband another espondents Cr Revision N1533 of 2000 Ik k R k t Gurmeet Singh e e etitioner Versus Het Ram and Khet Pal espondents SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 77 1 Cr AppealNo 304mDBof 2000 Cr Revision N1463 of 2000 Crl Revision Nol 533 of 2000 and Cr Revision Nl 534 of 2000 121 Cr Revision No 534 of 2000 9r k 9t 4r s Gurmeet Singh 40 0e 0etitioner 1 0 0 Versus State of Punjaband another O 0 e lespondents Z lk 4r R 1c k 0 CORAM HONBLE MR JUSTICE JASBIR SINGH HONBLE MR JUSTICE JORA SINGH c8 RkRR es 1 Present Mr RS Bains Advocate for the appellants Z Mr S Brar DeputyAdvocate General Punjab C R Ok 0 JORA SINGH J Throughthe instantappealKanwar Sain and Kulwant Rai have impugnedthe dated 24000 rendered by Sessions Judge FerozepurinSession Case No28 0f1997 bearing First Information Report No24 dated 151 997 registeredunder Sections 3021307134IPC at PoIice Station Khuian Sarwar whereby Kanwar Sain was convicted under Sections 302 and 307134 IPC and Kulwant Rai was convicted under Sections 302134and 307 and were SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 78 Cr Appeal No04DB of 2000 Crl Revision N1463 of 2000 CrI Revision N1533 of 2000 and Crl Revision N1534 of 2000 31 sentenced as under Kanwar Sainl i Under Section 302 IPC accused Kanwar Sain 1 was directed to undergoIife and to 01 pay a fine of Rs50001 In default of paymentof t fine he was directed to futther undergoRigorous 0 for a periodof one year iil Under Section 307 read with Section 34 IPC Z he was directed to undergoRigorous 2 for a periodof four years In default of paymentof C4 fine he was furtherordered to undergo for a periodof six months Kulwant Rail S7 Z il Under Section 302 read with Section 34 IPC C accused Kulwant Rai was sentenced to Iife imprisonmentand to pay a fine of R0001 In default of paymentof fine he was directed to further undergorigorousimprisonment for a period of one year iil Under Section 307 he was directed to undergo Rigorous for a periodof four years and topaya fine ofRs10001 In defaultof paymentof fine he was further directed to undergo Rigorous for a periodof six months SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 79 Ill Cr AppeaiNo 304DB of 2000 Crl Revision No1463 of 2000 Cr Revision No1533 of 2000 and Cri Revision No1534 of 2000 141 Het Ram and Khet Pal were acquittedof the charges Ievelledagainstthem Under the Arms Act separatechallan was presented againstKulwant Rai and Kanwar Sain Buttheywere acquitted of C4 the chargeunder Section 25 of the Arms Act U Criminal Revision Nos1463 1533 and 1534 of 2000 were filed by Gurmeet Singhagainstthe acquittalof KuIwant Rai 0 Het Ram Khet Pal and Kanwar Sain Z Case of the prosecutionin brief is that Gurmeet Singh 2 complainantis the resident of Panniwala Mohaila GurpreetSingh C4 alias Mintu aged about 26 years was the younger brother of the c8 On 151 997 at about 6100P Gurmeet Singhhad V gone to the bus stand of VillageKaller Khera to see off his maternal 7 Z GurbachanKaur Gurbachan Kaur had boarded the bus for GangaNagar After 23 minutes a bus came from the side of GangaNagar GurpreetSinghBishnu Dutt Exlambardar and MeghRaj Member Panchayatalightedfrom the bus Gurpreet Singhhad gone towards the shopof Stijawhere the jeepof the was Iyingparked Bishnu Dutt and MeghRaj came towards the complainantwho was standingat some distance from the shop In the meantime a white colour Maruti Car bearing registrationNo PCe8 came from the side of villagePanniwala Mohalla Car was stoppednear the complainan Kanwar Sain armed witll 2 bore gun his brother Kulwant Rai armed with 12 SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 80 nr Crl AppealNo04DB of 2000 Cr Revision No463 of 2000 Cr Revision No1533 of 2000 and Cr Revision Nol534 of 2000 51 bore singlebarrel gun Khet Pal armed with 2 bore gun and Het Ram brother of Kanwar Sain emptyhanded had alightedfrom the car Het Ram raised a Iaikara that todayis the to m eliminate the enemy Then Kanwar Sain fired a shot hittingin the chest of GurpreetSingh On receiptof fire arm injuryGurpreet U Singhfell down in front of the shop Kulwant Sain and Khet Pal had fired from their respectiveguns towards the complainantBishnu Dutt 0 and MeghRajwith intentionto kill them but Bishnu Dutt Z and MeghRajto save themselves Iaid on the ground Then accused had fled away from the spot with their respectiveweapons in a C4 Maruti Car towards GangaNagar GurpreetSinghwas shifted to I C8 Civii HospitalAbohar in a jeepwhere GurpeetSinghwas declared dead Motive to murderwas that Kanwar sain wanted to gethis Iand 7 Z irrigated from Malook Pur canal minor fallingin the area of Lambi Om But the objectedto it GurpreetSinghused to pursue the before the canal authorities had also requestedthe canal authority not to shift the area of Kanwar Sain for irrigation purposes from water course nol 79960 On receiptof wireless message from policestation city Abohar regarding death of GurpreetSinghSl Gamdoor Singhalong with ASl Gurdev Singhand other policeoHicials had gone to Civil HospitaiAbohar Statement of Gurmit Singh was recorded Statement was read over and explainedto Gurmeet singhwho had signed the same in token of its correctness After making endorsement it was sent to the policestation on the basis of which SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 81 r Cr AppealNo 304DB of 2000 Crl Revision No1463 of 2000 Cr Revision No1533 of 2000 and Crl Revision No1534 of 2000 161 formalFIR was recorded Sl Gamdoor SinghpreparedinquestreportExP5 Dead bodywas handed over to the policeofficials for post mortem 1 examination alongwith the After the post monem C4 examination another wireless message from Police Station Khuian l Sarwar was received regarding admission of Kulwant Rai in Civil HospitalGangaNagar Police partyheaded byASI Gurdev Singh I was sent to Civil HospitalGangaNagar Thereafter Sl Gamdoor Z Singh had gone to the placeof occurrence alongwith the police 2 party Roughsite plan Ex1 5 with correct marginainotes was r was arrangec of the scene of occurrence were gotclicked Biood stained earth and simpleearth was Iiftedfrom the spotand separately sealed Sealed parcelswere 7 Z taken into policepossessionvide memo attested by the witnesses Om Seven emptycartridgeswere Iiftedfrom the spot and were made into a sealed parcel Sealed parcel was taken into police possession vide separate memo attested by the witnesses Constable had producedthe blood stained clothes of the deceased and the same were taken into policepossessionvide memo attested bythe witnesses On return to the policestation case propertywas depositedwith the MHC On 1931 997 policypaity headed by Sl Gamdoor Singh was presentnear the bridgeof canal rninor in the area of village Acha Dikki At about 5 PVl Maruti car was sightedwhile coming from the side of villageBhagsarand was signalledto stop Het Ram SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 82 3r Cr AppealNo04DB of 2000 Cr Revision N1463 of 2000 Cr Revision Nl 533 of 2000 and CrI Revision No1534 of 2000 71 and Khet Pal were travelling in the car and were arrestedat the spot Car was also taken into policepossession vide memo attestedbythe witnesses While in policecustodyKhet Pal suHered a disclosure statementhat he has keptconcealed his 12 bore gun in the fields m C4 of Kanwar Sain under the heap of cotton sticks after puttingin a 0 U gunnybagalongwith cartridgesThen Khet Pal in pursuance of the disclosure statement got recovered singlebarrel gun from the specifiedplacealongwith four Iive canridgesTheywere separately sealed and were taken into policepossessionvide separatememo Z 2 attestedbythe witnesses r On 301 997 police party was going from village c8 Tootanwala towards PanjavaModel On the way Kanwar Sain had met the partyand was arrested in this case On 3A1997 while Itl 3 Z policecustodyKanwar Sain suffered a disclosure statement that he has keptconcealed a gun in the area of villageGumjal As per disclosure statement got recovered gun with five caItridges and a Iicence from the specifiedpiace These anicies were separately sealed and were taken into policepossessionvide separatememo attested by the witnesses Separatecase under Section 25 of the Arms Act was registeredagainstKanwar Sain because he had no Iicence to carry gun Kulwant Rai while in policecustodysuHered disclosure statement on 31997 that he has keptconcealed 12 bore single barrel gun without Iicence Gun was taken into police possession vide separate memo attested by the witnesses A separatecase under the Arms Act was registered SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 83 V Cr AppealNo04DB of 2000 Crl Revision No1463 of 2000 Crlevision N1533 of2000and Cri Revision No1534 of 2000 18 After the of challan was presentecl As per order of Judidcial MagistrateIst Class dated 241997ase was committedto the Court of Session for trial P r Accused were chargedundereSections3021307134IPC 0 Since both the cases under Section 25 of the Arms Act against Kanwar Sain and Kulwant Rai were the off shoot of the main case tD under Sections 3021307 read with Section 34 IPC therefore the challans under the Arms Act were consolidated with the main case Z vide order dated 8 1999 C4 In order to substantiate the charges r examined as many as eighteenwitnesses PW Kanshi Ram head Revenue Clerk stated that on e Z 101 992 Kanwar Sain had moved an before XEN Irrigationwith a requestthat his moghanumber 218617R of Lambi be changedto MoghaNumber 179960L Malookpur PW2 SimarpalSingh had taken the photographs on 16 31 997 are ExlIAto PllM and the negatives are ExIA to P21M PWm3 Dr R Wahniwal on 16 3 1997 at 8100AM had conducted post mottem examination on the dead bodyof Gurpreet Singhand found the followinginjurieson his person 1 There was Iacerated puncturedwound with invetted marginsoval in shape measuring2 X SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 84 V Crl AppealNo04eDB of 2000 Crl Revision No1463 of 2000 Cl Revision N1533 of 2000 and Cr Revision No534 of 2000 191 5 cms at middle of chest between the nipples A collar of abrasions about 1 cm was presenton inferior and Ieft Iateral side of wound hole was presentin the shirt and 01 banyanworn by the deceasecl Both the clothes U were smeared with blood Clotted blood was I presentin the wound The cause of death as per doctor was due to Z shock and as a result of injuryto 2 C2 the vital organs Injurieswere ante mortem in nature and suHicient to cause death in the ordinary course of natur The probabletime that 7 Z elapsedbetween injuryand death was immediate r and between death and post mortem was 12 to 24 hours PW4 Dr S Juneja on 161997 had conducted radiologicalexamination of the injurieson the person of Gurpreet Singhand observed as under XmrayChestshowed multipledense radio opaque shadows size measuring from 2 MM x 3 MM to 2MM x 15 cms more so in the rightside of the chest one in mid Iineand the other in the Ieftside of the chest It showed multiple fractures of ribs 3 and 4 I on rightslde No callous formation was seen PW5 Dr R Bhadu stated that on 151 997 he had SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 85 Cr AppealNo 304mDBof 2000 Crl Revision No1463 of 2000 Crl Revision No1533 of 2000 and Cr Revision No534 of 2000 1101 sent intimationto SHO Police StationKhuyianSarwar regarding the arrivalof dead bodyof GurpreetSingh PW6 Gurmit Singhand PV7 MeghRaj are the eye witnesses Theyhave supported the storythat in their m r presenceGurpreetSinghwas murderedbythe accused 0 PV9 Head ConstabIe Ram Sarup PW9 Head Constable Hari Chand PWO Nirmal Singh PW l Head lD I Constable Kashmiri Lal tenderedtheir affidavitsExse11 P42 P and Pe14 Z PW12 Kharaiti Lal stated that as per record of D Office a Iicence of 12 bore gun was issued in favour of Kulwant Rai on 251965 On 21 1986 iicence of 12 bore gun was issued in favour of Khet Pal Z PW13 SI Gamdoor Singhis the OHicer PW4 ASl Gurdev Singhon 191997 was with the partyof Si Gamdoor Singhwhen apprehendedHet Ram and Khet Pal and recovered gun alongwith cartridgesand Iicence from Khet Pal In his presence weapons were recovered in pursuance of the disclosure statements made byKanwar Sain and Kulwant Rai PW1 5 NaginChand Draftsman preparedscaled site plan PWe4 6 Sudarshan Kumar Head Constable was with the partywhen Kulwant Rai accused was interrogated and in pursuance of the disclosure statement suffered by Kulwant Rai singlebarrel gunwas recovered SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 86 S Cr AppealNo04DB of 2000 Ct Revision No463 of 2000 Crl Revision No1533 of 2000 and Crl Revision No1534 of 2000 1111 PW17 Hari Chand Head Constable stated that in his presence Kanwar Sain accused got recovered double barrel gun alongwith four cartridges as per his disclosure statement 1 PW8 ASl SurjitSinghwas deputedto execute warrant C4 of arrest issued againstKulwant Rai who was iyingadmittedin the U hospital In pursuance of the warrant of arrest Kuiwant Rai was arrestedand broughtto the policestation After the close of prosecutionevidence statementsof the accused wererecorded underSection 313 CrC Accused denied Z all the allegations of the prosecutionand pleadedto be innocent C1 Defence version of Kanwar Sain was that he was not presentat the time of occurrence He came to Kallar Khera 30140 minutesafterthe occurrence and took his brother KuIwantRai to Civil Z HospitalGanganagar He furtherstatedthat he is innocent and has m been falselyimplicatedin the presentcase beingbrother of Kuiwant Ra Defence version of Kulwant Rai was that on the dayof incident he had gone to Kallar Khera to gethis tractor repairedfrom the shopof BhagirathMechanic GurpreetSinghand Gurmeet Singhwere also there Gurmeet Singhtold GurpreetSinghto catch hold ofhim as he wasthe brotherof Kanwar Sain caughthold of his gun and wanted to snatch the same from him Gurpreetsinghasked Gurmeet Singhto fire at him and at that time gun was inter pulledbetween him and GurpreetSingh Gurmeet Singhfired from his Mauzer which hit at his Ieft hand and his gun SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 87 Lr Crl AppealNo04DB of 2000 Crl Revision N1463 of 2000 Cr Revision No1533 of 2000 and Crl Revision No534 of 2000 121 went off duringthis scuffle from pointblank range hittingGurpreet Singh Kanwar Sain came after 3040 minutes ofthe incident and took him to GangaNagar Hospitalwhere he was examined Kanwar Sain and other accused were not presentat the 1 r tirne of occurrence He futther stated that he has been faisely 0 in this case In defence DW4 Dr Om Parkash Sharma medical tD juristGovernment HospitalSri GangaNagarwas examined On 161997 at 1211O Avl he had examined Kulwant Z Rai and found the followinginjuries on his persot Lacerated wound withinvetted margin4110 x 114 8S into bone deepoval in shapeon back of Ieft hand second metacorpal 7 Z 2 Lacerated wound with everted margins314 x 114 into muscle deepin irregularshape1 below the Ieft wnstjointnear medial border DWm2 Dharamvir Singh retired Sl stated that on 151997 at about 11 00 P he received telephonic message from Government Hospital GangaNagarregardingthe admission of patientKuIwant Rai He had gone to Government HospitalGanga Nagarand had recorded the statement of Kulwant Rai ExN21A Learned defence counsel for the arguedthat Kulwant Rai was Iicencee of 12 bore double barrel gun He had gone to the shopof Bhagirathfor repairof his tractor Then sightedthe complainantand the deceased GurpreetSingh had SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 88 Lr Cr AppeaiNo04DB Of 2000 cr Revision No1463 of 2000 Crl Revision No1533 of 2000 and Cri Revision No1534 of 2000 131 hold of his gun to snatch the same from him and had his brother Gurmeet Singhto fire at Kulwant Rai Gurmeet had fired a shot hittinghis Ieft hand In the scuffle his gun went off the deceased from a close range Kanwar Sain was 1 r not at the time of occurrence Dr S R Wahniwal admittedin 0 that the top wad which is one of the four wads enters the wound if the shot is fired from a range Iesser than 2 to 3 feet Size of theentrywound was of the size of the muzzle of the barrelof 12 bore gun Shot was contact fire Direction of the shot Z wasfrom downward to upwardhat means Kulwant Rai had fired a shot when Singhdeceased was tryingto snatch his gun on the fiie shows that the shot was fired from a distance of C8 101 2 feet in case the shot was fired from a distance of 101 2 feet of the entrywound cannot be of the size of muzzle of the Z then size am barrelof 12 bore gun Ifeye wltnesses were presentat the spotand therewas a fire from a distance of 101 2 feet then witnesses were expectedto receive exceptthe deceased No injurY On the of the Bishnu Dutt or MeghRaj afterthe occurrence Kulwant Rai was shifted to Civil Hospitai Nagarwhere he was examined by Dr Om Parkash Sharma Statement of Kulwant Rai was recorded by Dharamvir Singhretired Sl ExN21A is the copy of the statement of Kulwant Rai Gun alongwith four Iive cartridgeswere recovered asper the disclosure statement of Khet PaI Double barrel gun along wIthfive iive cartridgeswere recovered in view of the disclosure SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 89 1 Cr AppealNo 304DB of 2000 Cr Revision N1463 of 2000 Crl Revision N1533 of 2000 and Cr Revision No1534 of 2000 1141 statement suffered by Kanwar Sain In case Kulwant Rai and Khet Pal had fired shots towards the and the eye witnesses thenthere was no idea to recover onlyseven emptycartridges from thespo was arranged to have the of the m 01 placeof occurrence Emptycartridges Iyingon the spotare not clear 0 from the photographs There was previousenmityamongstthe I partiesKanwar Sain is the practicing Iawyer Gun of Kulwant Rai 0 was shownto have been used by Kanwar Sain to fire a shot hitting the deceased Kanwar Sain Het Ram and Khet Pai were not Z present on the spot Khet PaI and Het Ram were acquitted of the charges Ievelledagainstthem by the triai Coun C8 was falselyimplicated due to previousenmityIn fact the gun carried by Kulwant Rai went off had no Z intentionto commit the crime Learned counsel for the State arguedthat had the motive to commit the crime Double barrel gun was used by Kanwar Sait Seven emptycartridges were As perreportof the Forensic Science LaboratoryExPm34 five empty caItridgeswere found to be fired from gun No 1032 As per defence version onlyGurpreetSinghand Gurmeet Singhwere seen near the shopof Bhagirath when Kulwant Rai went to that shopfor the repairof his tractor GurpreetSinghhad caughthold of the gun to snatch the same then Gurmeet Singhhad fired a shot hitting Kulwant Rai Gun carried byKuIwant Rai went off accidentallyhitting the deceased but Ex DW21A is the statement of Kulwant Rai SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 90 IP J Crl Appeal No04DB of 2000 crl Revision No1463 of 2000 Cr Revision No1533 of 2000 and Cr Revision N1534 of 2000 151 recordedby DW2 Accordingto Ex DW21A occurrence is an fact Presence of the Bishnu Dutt MeghRaj is also not in dispute KuIwant Rai had stated before the policeItl ExDW21A that at 500 P he had gone to the shopof Bhagirath for 1 C repair of his tractor Gurmeet Singhalias RajaGurpreetSinghalias 0 Mintu Bishnu Dutt his brother Gurnail Singhand MeghRaj came andtried to snatch his gun Gurmeet Singhalias Rajafired a shot the palmof his Iefthand His companions also fired He also firedfrom his 12 bore gun After that complainanoany fled away Z fromthe spot After half an hour Kanwar Sain came and got him admittedin Civil HospitalGangaNagar Ex DW21A is contraryto C8 thedefence version In EDW21A Kulwant Rai did not state a word that onlyGurpreetSinghalias Mintu tred to snatch his gun and in 7 Z thatprocess his gun went off hittingGurpreetSingh As 0m perExOW21A GurpreetSinghBishnu Duttand his brothertried to snatch his gun If three persons had tried to snatch gun from KulwantRai then it is very strangethat onlyGurpreetSinghreceived injuriesAccordingto the defence version Kuiwant Rai received fire arm injuryon the palm of his Ieft hand Suggestion was givento Gurmeet Singhthat he fired a shot hittingKulwant Rai fracturinghis numberof bones4s per Dr Om Parkash Sharma Kulwant Rai was examined on 161997 at 12110 AM Injurynol is the entrywound Whereas injuryno 2 is the exit wound In case onlyone shot had hit KuIwant Rai then injuryno2 cannot be the exit wound of Injuryno 1 Doctor admitted that injurycan be self SEEMA RAWAT 2014.11.29 14: 58 Scanned True Copy of Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:19 I attest to the accuracy and integrity of this document 91 ILJCrl AppealNo 304DB of 2000 Cri Revision No163 of 2000 Cr Revision No1533 of 2000and Cr Revision No 534 of 2000 1161 suffered or selfinflicted As per Dr Om Parkash Sharma intimatiOn was sentto police station Ganganagarwhereas DV2 stated that on 151997 at 1100 P he had received telephonicmessage from Civil GanganagarIn case Kulwant Rai was admitted C4 in the hospitalon 161 997 at 1211O AM then after admission 0 0 intimation is to be sent Before admission no questionto send to the policestation Statementof Sl Dharamveerfalsifies thedefence version when fire arm injuriesnoted byDr Om Parkash Sharmacan be selfmsufferedor selfnflicted When numberof bones Z were fracturedthen whyfractures were not noticed by the doctor TrialCourt after goingthroughthe evidence on file rightlyconvicted c8 and sentenced the First submission of the iearned counsel for the appellants 7 Z accused was that only Kulwant Rai had gone to the shop of Oa Bhagirath for repairof his tractor Oppositepartywas noticed while present near the shop Deceased tried to snatch gun from Kulwant Rai Gurmeet Singhfired a shot hittingthe paimof Ieft hand of Kulwant Rai When deceased was tryingto snatch gun from KuIwant Rai then gun went off hittingthe deceased from close range Kanwar Sain Khet PaI and Het Ram were not presenton the spot We have gone throughthe evidence on the file but are not in a positionto agree with the submission of the Iearned counsel for the appellantsaccused Occurrence is an admitted fact As per story accused were four in number and had committed the crime whereas defence version is to the eHect that