1987 (1) TMI 505

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.... evening of August 26, 1981 both P.W. 3 and the deceased were present in the clinic. The appellant and the other two accused, who were under the influence of liquor came to the clinic. They were all drunk. They told the deceased that he should serve them with liquor, and that if he did not do so, it would be difficult for him to live at Jind. On hearing this, the deceased gave a slap on the face of the accused Dharam Vir and, thereafter, all the three accused went away saying that the deceased would have to bear the consequence. 3. The further case of the prosecution was that on August 27, 1981, P.W. 3 Bhagat Singh, went to see a movie in Kundan cinema hall in the night show. His cousin brother, Sube Singh (P.W. 4), also met him at the sai....

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....ed under Section 302/34 IPC and sentenced each of them to undergo rigorous imprisonment for life. 5. The appellant and the other two accused preferred separate appeals to the High Court of Punjab & Haryana against their convictions and sentences. The High Court, however, affirmed the findings of the learned Sessions Judge and dismissed all the appeals. The appellant, Rakesh Kumar, has only preferred this appeal by special leave against his conviction and sentence. 6. In this case, the two eye witnesses were P.W. 3, Bhagat Singh, the elder brother of the deceased, and his cousin, Sube Singh, P.W. 4. The only point that has been urged by the learned Counsel appearing on behalf of the appellant is that as the place of occurrence was dark and....

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....as elaborately dealt with the evidence of D W.I and has totally disbelieved the same. In our opinion also the evidence of D.W.I is useless and does not at all help the appellant and the other two accused in proving that the two electric tubes were lying fused and, as such, the place of occurrence at the relevant time was dark. 8. P.W.3, Bhagat Singh, stated in his examination-in-chief that he had identified the accused at the time of occurrence. But curiously enough, he was not cross-examined as to how and in what manner he could identify the accused as pointed out by the learned Sessions Judge. No suggestion was also given to him that the place was dark and it was not possible to identify the assailants of the deceased. 9. In his cross-e....