JUDGMENT Kamlesh Sharma, J.—The appellant-accused, Dhani Ram, alongwith his brother, Sohan Lal, and brother-in-law, Kashmiri Lai was tried for an offence punishable under section 323 read with section 34, I. P. C. He was, in addition, tried for offences punishable under section 302, I. P. C. and 27 of the Indian Arms Act. Sohan Lal and Kashmiri Lai were acquitted but Dhani Ram was convicted for an offence under section 323, I. P. C and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100. He was also convicted under section 302, L P. C. and sentenced to undergo rigorous life imprisonment and to pay a fine of Rs. 2,000. In the event of his failure to pay the fine, he was ordered to undergo rigorous imprisonment for a period of one year. For the offence under section 27 of the Indian Arms Act, he was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs, 200. In default of payment of fine, he was ordered to undergo simple imprisonment for a further period of two months. Feeling aggrieved. Dhani Ram has filed the present appeal challenging the judgment dated 2nd January 1989 of Sessions Judge, Una. 2. On 28th June, 1987 at 12.45 a m., one Tilak Raj son of Dhani Ram resident of village Dulehar, Police Station Una, who later appeared as PW 6 came to Police Post Haroli, District Una, and reported that Mehar Singh son of Shiv Dutt, resident of village Dulebar was killed by gun shot fired bv Dhani Ram. The version given by him in the F. I. R , Ex. P-GG, was that on the night of 27-6-K87 at 10.15 p, m. he was in his house. On hearing a noise, he proceeded towards the shop of Parkash Chand. When he reached near the electric pole he heard the sound of a gun shot and saw Mehar Singh collapsing near the Channa of the shop of Dinesh. He ran towards the place and found Karam Singh (PW 5), Neelam Kumar and Salochna Devi (PW 4) already standing on the road in the light comine from the shop of Parkash Chand. He also saw Dhani Ram standing with a gun in his hand near the Cbanna of the shop of Dinesh in the street which leads to his house. He also saw Dhani Ram standing with a gun in his hand near the Cbanna of the shop of Dinesh in the street which leads to his house. On seeing Tilak Raj, Dhani Ram immediately ian towards his house. On enquiry from Karam Singh, Neelam Kumar and Salochna Devi, Tilak Raj was informed that Mehar Singh had been shot dead by Dhani Ram. He saw the dead-body of Mehar Singh which was having bullet injuries and blood was oozing out from his stomach Tilak Raj had gone to the Police Post for lodging a F. I. R. alongwith Surender Kumar, another resident of the village. 3. On investigation it was found that there were preceding and attendant circumstances which led to the fatal incident of gun shot One day earlier to the day of fatal incident, at 1.30 p m., Ashwini Kumar son of Mehar Singh was sitting under the shade of a Banyan tree in village Dulehar alongwith his friends, Jai Gopal and Shiv Kumar. Sohan Lal came on the spot and accused Ashwini Kumar that he was a vagabond Next day, at 9 00 a. m., when Ashwini Kumar again met Sohan Lal in a video shop, he enquired from him that why he had made false accusations against him the previous day Sohan Lal retorted that he would tell the reason in the presence of his friend Jai Gopal At this Ashwini Kumar sent his friend Jugal Kishore, who was with him at the relevant time, to fetch Jai Gopal. By the time Jai Gopal reached, Sohan Lal had entered the video hall. He was called out by Ashwini Kumar through Jai Gopal When Sohan Lal came out, one Sham Lal was also with him Thereafter Ashwini Kumar and Sohan Lal exchanged abuses and had a scuffle Durine the course of the scuffle Sohan Lal was pushed by Ashwini Kumar on a fence of thorny bushes. Ultimately, they were disentangled by the friends of Ashwini Kumar and, thereafter, Ashwini Kumar proceeded in the direction of his cattle shed which is at a distance of one kilometre from his house When he reached under the Banyan tree, Sohan Lal, Dhani Ram and Kashmiri Lai attacked him. At that time, Dhani Ram was armed with an axe. Ultimately, they were disentangled by the friends of Ashwini Kumar and, thereafter, Ashwini Kumar proceeded in the direction of his cattle shed which is at a distance of one kilometre from his house When he reached under the Banyan tree, Sohan Lal, Dhani Ram and Kashmiri Lai attacked him. At that time, Dhani Ram was armed with an axe. The other two persons were armed with Dandas Ashwini Kumar was hit by Dhani Ram with the axe and beaten by Sohan Lal aad Kashmiri Lai with Dandas. He was saved from their clutches by his friends Jai Gopal, Jugal Kishore and Shiv Kumar, who reached there on hearing his hue and cry. Thereafter the accused fled away. Due to head injury Ashwini Kumar had fallen unconscious and was brought to the house of Bhupender on a cot His mother and aunt, Salochna Devi heard the noise while standing at the roof top of their house and rushed to the house of Bhupender. On seeing her son lying unconscious, the mother of Ashwinl Kumar also lost her consciousness. Soon after this, Mehar Singh, father of Ashwini Kumar, reached the house of Bhupender from his cattle shed and was told about the merciless beating of his son by Dhani Ram, Sohan Lal and Kashmiri Lal. Hearing this, he proceeded towards the house of Dhani Ram. His sister-in-law, Salochna Devi, also followed him. They were further joined by Karara Singh and Neelam Kumar who met them on the way. When they reached at a point wherefrom a lane turns towards the house of Dhani Ram, they found him standing in the lane with a gun in his hand. Mehar Singh asked Dhani Ram the reason for giving merciless beating to his son At this, Dhani Ram pointed his gun towards him and said that he was ready with the reply Salochna Devi pleaded with Dhani Ram not to fire but Dhani Ram paid no heed to her entreaties and fired a shot which hit Mehar Singh on the lower part of his chest. On receiving the gun shot injury, Mehar Singh fell down on the spot and died instantaneously. On receiving the gun shot injury, Mehar Singh fell down on the spot and died instantaneously. Soon thereafter Tilak Raj reached at the spot and seeing Mehar Singh lying dead on the ground, went to the house of one Surender who owned a scooter, and went, alongwith him on bis scooter, to Police Post Haroli, for lodging the F. I R. On receiving the information, the Police immediately reached at the spot, prepared the inquest report, took photographs and possession of incriminating articles. The dead-body of Mehar Singh was sent to the hospital for post-mortem examination. Medical examination of Ashwini Kumar and the three accused persons was also got conducted. Thereafter, challan was put up and trial was held. 4. The prosecution produced as many as 20 witnesses and brought a number of documents on record to prove its case, Sohan Lal and Kashmiri Lai in their statements under section 313, Cr. P. C, took the plea of alibi. Sohan Lal stated that on the night of 28th June, 1987, be was not in his village and had gone to Chowki Maniar to visit his sister. When he reached his village next day at 11.00 a m. he was given beating by the Police which caused a cumber of injuries to him. Similarly, Kashmiri Lai has stated that he was falsely implicated and had reached village Dulehar from Garb Shankar on 28th June, 1987 at 10.00 a-m According to him, he received injuries at the hands of the Police. So far as Dhani Ram is concerned, he has admitted the incident of gun shot but has given his own version in respect of the manner and place of occurrence. His reply to Question No. 86, that why the case was against him and why the witnesses had deposed against him, contains his defence and is as under:—- "On the relevant night at about 9.30 p. m. I saw Ashwini Kumar under the Banyan tree and I asked him what act of vagrancy he was going to commit that night. Ashwini Kumar abused me on being asked. A danda was lying nearby I picked up the same and gave 2-3 blows of that Danda to Ashwini Kumar He ran away towards his house t chased him right upto his house. Then Ashwini entered his house I withdrew and went to my own house. Ashwini Kumar abused me on being asked. A danda was lying nearby I picked up the same and gave 2-3 blows of that Danda to Ashwini Kumar He ran away towards his house t chased him right upto his house. Then Ashwini entered his house I withdrew and went to my own house. 10-15 minutes later I heard Mehar Singh abusing me and throwing challenges tome. I came out in my courtyard and asked Mehar Singh not to use filthy words and sit and talk in a friendly manner. He was carrying a gun. He fired from that gun at me. That pellets hit the outer wall of my house, and after rebound those pellets hit me on my legs. Mehar Singh then fired another shot in the darkness. I tried to dissuade him from using the gun but when he did not cool down, I got panicky and brought out my own gun for which I possess a licence. I fired a shot from my own gun in the darkness, without aiming the same at Mehar Singh, with a view to scaring him away but unfortunately it hit him as a result of which he fell dead in my Courtyard and Dhani Ram Sarpanch. The people started talking that I should be killed. I got frightened and bolted myself inside my house. My father was not home that night. He came around 10.00 p. m. but the Police people took him to some unknown place and kept him under detention for about 15 days. Then I heard Dhani Ram Sarpanch asking Bachittar Singh the brother of the deceased to shift the dead-body from my courtyard to the road in between the shops of Dmesh Kurrar and Parkash. At about 12.00 when the Police came I narrated the aforesaid version to them but they conducted the investigation one sidedly. My wifes grand-father (Nana) lodged a complaint with the S. P. that the investigation was not being conducted fairly but no heed was paid to that complaint." 5. By the defence of Dhani Ram, the controversy is narrowed down. He has admitted that he met Ashwini Kumar under the Banyan tree at 9.M) p. m on the unfortunate day and gave him 2-3 Danda blows. By the defence of Dhani Ram, the controversy is narrowed down. He has admitted that he met Ashwini Kumar under the Banyan tree at 9.M) p. m on the unfortunate day and gave him 2-3 Danda blows. His story further goes that 10/15 mioutes after he gave Danda blows to Ashwini Kumar, his father, Mehar Singh came to his house armed with a gun, He has also admitted that Mehar Singh died of injury of gun shot caused by him with his gun According to him, Mehar Singh fired at him and the pellets hit the outer wall of his house and after rebound hit him on his legs. Thereafter, Mehar Singh fired another shot in the darkness despite his dissuading him from using the gun. At this Dhani Ram became panicky and brought out his own gun from his house and fired a shot in the darkness to scare away Mehar Singh. Unfortunately, the shot hit Mehar Singh as a result of which he fell down dead in his Courtyard. As such, the defence of Dhani Ram is that he had fired the gun shot in self defence without any intention to kill Mehar Singh. According to him, the site of incident is his compound and not the corner of lane leading to his house as alleged by the prosecution. 6. Before we analyse the prosecution evidence to come to the conclusion whether it has proved its case that Dhani Ram bad inflicted injuries on Ashwini Kumar and murdered his father, Mehar Singh, we would like to find out whether there is any truth in the defence version of Dhani Ram. As stated by him in his statement under section 313, Cr. R C , he had narrated his version to the Police at 12 midnight on 28th June, 1987 itself but investigation was conducted one-sidedly. It is proved on record that besides the Investing Officers, Roda Ram, A. S I. (PW 18), Om Parkash A. S. I. (PW 19) and Rup Singh Inspector (PW 20), high ranking Police Officers had immediately rushed to the spot on getting information of the incident. Had Dhani Ram told them his version, they would have made some investigation in respect thereof and there would have been some evidence on record. Had Dhani Ram told them his version, they would have made some investigation in respect thereof and there would have been some evidence on record. As there is nothing on the record to suggest that these Police officers were biased against him, it is presumed that they discharged their duties honestly and, infact, Dhani Ram had not told them about his version given in his statement under section 313, Cr. P, C. The suggestion in this regard was also denied by Roda Ram A. S. I. (PW 18) and Rup Singh Inspector (PW 20), Therefore, it can be concluded that this defence version is an afterthought, This conclusion is further fortified from the complaint, Ex, D-C, which was admittedly made by the Nana (mothers father) of the wife of Dhani Ram and to which he has referred in his statement under section 313, Cr. P. C This complaint is dated 30th June, 1987. It only mentions that there were blood stains in the courtyard of the house of Dhani Ram which were not collected and were destroyed by the complainant party. It was requested that courtyard of the house of Dhani Ram might be inspected again where the blood stains were still present in order to fix the site of occurrence Had the version of Dhani Ram been true that Mehar Singh bad visited his compound with a gun and fired at him, this fact would have been mentioned in this complaint and a request would have been made that the gun of Mehar Singh be seized and got examined from the Ballistic expert. This fact was much more important than the fact mentioned in the complaint that there were blood stains in the courtyard of the house of Dhani Ram. So far the presence of blood stains in the courtyard of the house of Dhani Ram is concerned, it has also been belied by the evidence on record. These were not noticed by the Investigating Officers or the Senior Police Officers and did not appear in the photographs taken by Kuldip Singh Photographer (PW 13). So far the presence of blood stains in the courtyard of the house of Dhani Ram is concerned, it has also been belied by the evidence on record. These were not noticed by the Investigating Officers or the Senior Police Officers and did not appear in the photographs taken by Kuldip Singh Photographer (PW 13). Had Mehar Singh fallen dead in the compound of Dhani Ram after receiving the gun shot injury, there would have been a pool of blood in the compound instead of blood stains as alleged by Dhani Ram, Further, if the story given by Dhani Ram is believed that the dead-body of Mehar Singh was removed from his compound through the lane and placed where according to the prosecution he was shot dead, there would have been trail of blood in the lane, in the absence of any evidence in this regard, we have eo alternative but to hold that the defence of Dhani Ram is false. 7. The prosecution has successfully proved that Mehar Singh had died of gun shot injuries inflicted on him by Dhani Ram with his gun while Mehar Mngh was standing on the corner of the lane leading to the house of Dhani Ram and Dhani Ram was standing in the lane at a distance of a few feet. This has been proved with one voice by the eye-witnesses, Salochna Devi (PW 4), Karam Singh (PW 5) and Tilak Raj (PW 6). 8. Salochna Devi (PW 4) was accompanying Mehar Singh when he started to the house of Dhani Ram from the house of Bhupender where his son was lying injured as a result of beatings given by Dhaei Ram,, Sohan Lal and Kashmiri Lai. They were also joined by Karam Singh (PW 1) and Neelam Kumar on the way. According to Salochna Devi, when they reached the corner of the lane leading to the house of Dhani Ram, they found Dhani Ram standing in the street with a gun in his hands. On seeing Dhani Ram, Mehar Singh asked him that why he had inflicted head injuries to his son. At this, Dhani Ram aimed his gun at Mehar Singh and retorted that he was going to tell him the reason. On seeing Dhani Ram, Mehar Singh asked him that why he had inflicted head injuries to his son. At this, Dhani Ram aimed his gun at Mehar Singh and retorted that he was going to tell him the reason. Salochna Devi tried to dissuade Dhani Ram from firing the shot but he did not listen to her and triggered the shot which hit Mehar Singh on the lower portion of his chest Salochna Devi further states that thereafter Mehar Singh fell down on the ground and died instantaneously. Soon thereafter, Tilak Raj (PW 6) reached at the spot and on seeing him Dhani Ram ran towards his house. This part of the statement of Salochna Devi has been fully corroborated by the independent witness, Karam Singh (PW 5). 9. According to Karam Singh (PW 5) he was in his house, in village Dulehar, at about 10,00 p. m. on 27-6-198/ when he heard a noise coming from the house of Bhupender Singh and Tarsem. He proceeded towards the site from where the nosse was emanating and noticed Mehar Singh going towards the house of Dhani Ram. Mehar Singh was followed by Salochna Devi and Neelam He also followed them and went towards the house of Dhani Ram. When all of them reached near the house of Dhani Ram, they saw him standing in the lane in front of his house He was armed with a gun He further goes on to state that when Mehar Singh asked Dhani Ram as to why he had given beatings to his son, Dhani Ram aimed a shot at him by straightening his gun and retorted that he was going to give him a befitting reply. He further states that at this Salochna Devi PW 4) pleaded with Dhani Ram not to fire but Dhani Ram fired the shot which hit Mehar Singh on the lower side of his chest. Thereafter Mehar Singh fell on the ground. According to this witness also, it was at this stage that Tilak Raj (PW 6) reached the spot who thereafter proceeded to lodge a report with the Police in Police Post Haroli. In his statement, this witness has pin pointed that Mehar Singh was standing where the diversion from the main road to the house of Dhani Ram starts and Dhani Ram was standing at a distance of five or six feet from him. In his statement, this witness has pin pointed that Mehar Singh was standing where the diversion from the main road to the house of Dhani Ram starts and Dhani Ram was standing at a distance of five or six feet from him. This part of the statements of Salochna Devi (PW 4) and Karam Singh (PW 5) has not been shattered, in any manner, in the cross-examination made on behalf of Dhani Ram. 10. The third eye-witness is Tilak Raj (PW 6) who had lodged the F. I. R., Ex PGG He has categorically stated that when he reached near the electric pole which is at a distance of five to six feet from the shop of Parkash Chand, he heard the noise of a gun shot. On hearing it, he ran towards the side from which the sound had erupted and soon saw Mehar Singh falling on the road. He also saw Dhani Ram standing with a gun in his hands in the lane which leads to his house from the road. On seeing him, Dnani Ram went inside his house. On enquiry, he was told by Neelam Kumar, Salochna Devi (PW 4) and Karam Singh (PW 5), who were present on the spot, that Dhani Ram had fired a shot which had hit Mehar Singh. S/Sh. Karam Singh and Tilak Raj are independent witnesses and do not have any enmity with Dhani Ram. The ocular version given by these witnesses is also corroborated by the post-mortem report. 11. From the statements of these eye-witnesses, it is proved beyond any reasonable doubt that Mehar Singh had died instantaneously after receiving the gun shot injury on the lower portion of his chest and that gun shot was fired at him by Dhani Ram with his gun. It is further proved that at that time Mehar Singh was standing at the place wherefrom diversion/lane starts from the road to the house of Dhani Ram and Dhani Ram was standing at a distance of a few feet in the lane. There is also no doubt that Smt Salochna (PW 4) and Karam Singh (PW 5) had witnessed Dhani Ram aiming and firing the gun shot on Mehar Singh. They also saw Mehar Singh falling on the ground and dying instantaneously after receiving the gun shot injury on the lower portion of his chest. There is also no doubt that Smt Salochna (PW 4) and Karam Singh (PW 5) had witnessed Dhani Ram aiming and firing the gun shot on Mehar Singh. They also saw Mehar Singh falling on the ground and dying instantaneously after receiving the gun shot injury on the lower portion of his chest. Therefore, we have no hesitation in affirming the findings of the trial Court in this regard. Dhani Ram has rightly been convicted of murder of Mehar Singh He had misused his gun and was guilty of the offence punishable under section 27 of the Indian Arms Act. 12. Since the trial Court has disbelieved the version given by Ashwini Kumar that after he received injuries at the hands of Dhani Ram, Sohan Lal and Kashmiri Lal, under the Banyan tree, he became unconscious and was brought to the house of Bhupender Singh by his friends, Jal Gopal, Jugal Kishore and others, on the ground that he has not been corroborated by Jal Gopal (PW 8), we need not go into this aspect of the case The trial Judge is right in holding Dhani Ram guilty of inflicting simple injuries on Ashwini Kumar on the basis of admission made by Dhani Ram in his statement under section 313 Cr. P, C., that he had given Ashwini Kumar 2-3 Danda blows when he met Ashwini Kumar under the Banyan tree at 9 30 p. m, on the relevant night. We do not find any reason to interfere with the findings of the trial Court in this regard. The learned Counsel for Dhani Ram has tried to raise the points that FIR. was lodged after deliberations and consultations; that the F. I. R reached the Chief Judicial Magistrate concerned late and that the eye-witnesses were not examined by the Police at the time of preparation of inquest report, which have been dealt with by the trial Court and we do not find any reason to interfere with its findings. 13. In view of our above findings, we find no merit in the appeal and it is dismissed. Appeal dismissed.