(1) THROUGH this appeal under Section 14 of the Terrorists Affected Areas (Special Courts) Act, 1984 the appellant challenging their conviction and sentence recorded by the learned Judge, Special court, Ferozepur vide order dated 6/03/1985. (2) ACCORDING to the prosecution case, on 29/5/198484 at about 4.30 a.m. while the deceased Chamkaur Singh was sleeping on the roof of his house, the appellant Mander Singh armed with a pistol and appellant Gura Singh armed with a dang trespassed into his house and came to the roof. Swaranjit Kaur, PW 3. wife of the deceased, who was sleeping on a separate cot, woke up upon hearing the noise of the firing of a gun shot and found the appellants present near the cot of the deceased. She raised an alarm whereupon Karnail Singh Public Witness 4 and Joginder Kaur. sister of the deceased arrived at the place of the occurrence from their respective houses. The appellants were seen running away with the weapons by Karnail Singh. Public Witness 4 and Joginder Kaur. Swaranjit Kaur Public Witness "3 reached near her husband and found him dead. She accompanied by Bhallan Singh pw 5 and Malkiat Singh Sarpanch went to police station Bagha Purana and lodged the FIR at 6.15 a.m. The Investigating Officer Mukhtiar Singh. Public Witness 6 arrived at the scene of occurrence and carried out investigation and recovered an empty shell from the spot. The dead body of Charnkaur Singh was sent for post mortem examination to Civil Hospital. Moga and the post mortem was performed at about 12 noon on 29/5/1984 by Dr. Jawahar Lal Aggarwal. In the opinion of the doctor the death was caused due to shock and haemorrhage as a result of the fire shot injuries. Both the appellants were arrested on 2/6/198484 by Baikal Singh, Assistant Sub-Inspector, PW. 7. From the search of Mander Singh appellant pistol. Ex. MO/4 and two cartridges were taken into possession. They were sealed into a parcel which was deposited with the head constable of Malkhana. On completion of the investigation the appellants were tried for the offences under Section 449 and 302 read with 34 of the Indian Penal Code. After the prosecution evidence was led, the appellants were examined under Section 313, Cr. P.C. The appellants denied the prosecution allegations against them. On completion of the investigation the appellants were tried for the offences under Section 449 and 302 read with 34 of the Indian Penal Code. After the prosecution evidence was led, the appellants were examined under Section 313, Cr. P.C. The appellants denied the prosecution allegations against them. The plea of Gura Singh, appellant was that since he had given evidence against Charnkaur Singh in an injury case therefore he had been falsely implicated. He produced copy of the judgment, Ex. D I, of the said case. (3) BEFORE the learned Judge of the Special court, the parties did not dispute that Chamkaur Singh had died as a result of firing while he was lying on the cot on the top of his roof. Neither the death by fire arm nor the place of occurrence was disputed. The trial Court considered the evidence of Swaranjit Kaur PW 3 and Karnail Singh Public Witness 4. whose presence was most natural and came to the conclusion that the prosecution had established the guilt of the appellants beyond a reasonable doubt and convicted and sentenced them. (4) WE have, with the assistance of the learned counsel for the parties, gone through the evidence of Swaranjit Kaur Public Witness 3 and Karnail Singh Public Witness 4. It appears to us that so far as Mander Singh appellants is concerned, the evidence of both these witnesses is consistent and trustworthy. Their evidence has impressed us and nothing has been elicited in their cross-examination which may throw any doubt on their veracity. Ample corroboration is also available of their testimony from the medical evidence as well as from the report of the Forensic Science Laboratory, which establishes that the empty cartridge recovered from the spot had been fired from the pistol recovered from Mander Singh appellant at the time of his arrest. The prompt lodging of the FIR and its receipt by the ilaqa Magistrate within two hours of the lodging of the FIR also lends ample corroboration to the testimony of Public Witness 3 and Public Witness 4. The material on the record, conclusively establishes the complicity of Mander Singh appellant in the commission of the crime. From our independent analysis of the evidence on the record we are satisfied that the. prosecution has established the case against Mander Singh appellant beyond a reasonable doubt. His conviction and sentence are well merited. The material on the record, conclusively establishes the complicity of Mander Singh appellant in the commission of the crime. From our independent analysis of the evidence on the record we are satisfied that the. prosecution has established the case against Mander Singh appellant beyond a reasonable doubt. His conviction and sentence are well merited. (5) COMING now to the case of Gura Singh. According to Swaranjit Kaur. Public Witness 3 and Karnail Singh, Public Witness 4 Gura Singh was armed with a lathi and had been seen at the place of occurrence along with his brother Mander Singh. From the judgment. Ex. D I it is established that in the case against Chamkaur Singh and the two sons of Karnail Singh, Public Witness 4 Gura Singh had appeared as a witness of the occurrence Charnkaur Sighs wife Public Witness 3 and Karnail Singh, PW 4 could have nursed a grudge against Gura Singh. It is not case of Public Witness 3 or Public Witness 4 that Gura Singh had caused any injury with the lathi to the deceased. No part has been ascribed to him in so far as the crime is concerned. The possibility that Gura Singh may have been falsely implicated on account of the past enmity cannot be ruled out, particularly when we find that a concerted attempt has been made both by Swaranjit Kaur Public Witness 3 and Karnail Singh Public Witness 4 to express ignorance about Gura Singh having appeared as a witness in the earlier case against Charnkaur Singh and the sons of Karnail Singh PW 4. From a careful consideration of the evidence on the record, it appears to us that the complicity of Gura Singh has not been established by the prosecution beyond a reasonable doubt. We. accordingly, accept the appeal of Gura Singh and set aside his conviction and sentence. He is on bail. His bail bonds shall stand discharged. (6) THE bail bonds of Mander Singh are cancelled and he shall be taken into custody to undergo the remaining period of the sentence. (7) IN view of the above discussion, the appeal succeeds partly and is disposed of.