TMI Blog1990 (9) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... default to undergo imprisonment for a further period of two years, imposed by the Additional Sessions Judge, Hissar. The relevant facts of the case are as follows. 2. Jagdish Chander (PW-3 and Krishan Kumar (the deceased herein) are the sons of one Sheo Narain. On 25.6.1972 at about 6.30 P.M. whilst the deceased Krishan Kumar was proceeding to his field after taking his meal, was laid by the first respondent, who was armed with a single barrel 12 bore gun and accompanied by the second respondent, Dalip Singh. He abused the deceased in filthy language to which the deceased took a strong objection. This led to a quarrel between them. PW-3 on being attracted by the hue and cry emanating from the scene of occurrence proceeded to the scene ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gave his opinion that the deceased had died on account of the gun shot injuries to the lungs and the said injuries were sufficient in the ordinary course of nature to cause death. PW-3 and Jai Narain figured as eye witnesses whilst Sheo Narain deposed that the deceased gave an oral dying declaration saying that he was shot by the first respondent. Both the respondents were examined under Section 342 of the CrPC (old). They denied their complicity with the offence in question. The learned trial Judge convicted both the respondents for the offences charged and sentenced them as aforesaid. Both the convicted respondents preferred the Criminal Appeal before the High Court which for the following reasons set aside the judgment of the Trial Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credits the prosecution version that the fired cartridge was recovered from the scene by the investigating officer. 6. The plea of the appellant, namely, the State in the present appeal that the reasons assigned by the High Court for recording the order of acquittal are erroneous, cannot be accepted for a moment since in our considered opinion the High Court has given valid and weighty reasons for its in assailable logical conclusion. As rightly pointed out by the High Court, the entire version of the prosecution and the evidence of the eye witnesses as well the evidence of Sheo Narain are directly in conflict with the opinion of the Medical Officer whose opinion is based on the nature of the injuries suffered by the deceased and the pre ..... X X X X Extracts X X X X X X X X Extracts X X X X
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