TMI Blog1993 (9) TMI 342X X X X Extracts X X X X X X X X Extracts X X X X ..... sistant Sub-Inspector, police post Verka at about 5 p.m. on the same day. In that version it was mentioned that Santokh Singh, accused armed with a rifle, Hardip Singh (appellant herein) and Balkar Singh, accused armed with gandasis and Jagdish Singh, another accused were coming in a bus of Janta Transport Company from Batala and the bus stopped at the bus-stop. The deceased, his brother Karnail Singh, PW 2 and their nephew Chhinda, PW 3 were standing there waiting for the bus. When the deceased was trying to board the bus, Jagdish Singh accused raised a lalkara. Thereupon the deceased tried to run but Santokh Singh, accused fired the first shot which hit on the shoulder of the deceased who fell on the ground. Then Hardip Singh, the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Sessions Case No. 51 of 1980 arising out of police challan and Sessions Case No. 56 of 1980 arising out of the complaint. The learned trial Judge consolidated the complainant's case with the challan case and with the consent of the parties recorded the evidence in the latter case and the witnesses were examined. Practically there appeared to be two sets of eyewitnesses. Accordingly Karnail Singh, PW 2 and Chhinda, PW 3 appeared as witnesses and gave their own ocular account in accordance with the FIR and the complaint given by PW 2. Ram Lubhaya, the driver and Lakhwinder Singh, the conductor, PWs 6 and 7 also figured as witnesses. They gave their own version of the occurrence as found in the police challan. According to PWs 2 and 3, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 302 IPC simpliciter and sentenced him to undergo imprisonment for life. Santokh Singh was, however, acquitted. This virtually amounts to reversal of the order of the Sessions Judge. The appeal before us is filed by Hardip Singh. 5. It can be seen that there are some strange features in this case. The Sessions Judge accepted the version given by PWs 2 and 3, the brothers of the deceased and according to them, it was Santokh Singh and Jagdish Singh, who fired at the deceased. Hardip Singh only gave a gandasi blow along with others mentioned in the complaint. The Sessions Judge gave a categorical finding that he was not prepared to believe the version given in the police challan. The High Court, on the other hand, took a quite con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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