JUDGMENT H.S. Bhalla, J. - This appeal is directed against the judgment dated. 9/10.10.1997 passed by Additional Sessions Judge, Hisar, whereby he convicted the appellant under Section 302 of the Indian Penal Code ‘and sentenced to undergo rigorous .imprisonment for life and he was ordered to pay a fine of Rs.5000/-; in default thereof, he was further directed to undergo rigorous imprisonment for a period of six months. 2. A synoptical resume of the prosecution case is as under: The prosecution machinery was set into motion at the instance of PW 5 Shankar who had four brothers. The other facts required to be noticed for the disposal of this appeal are that . deceased Chhajju Ram was younger to PW 5 Shankar and they had a joint khewat in the revenue estate of village Sirdhan. On 9.9.1993 the said Shankar and his brother Nain Sukh and Chhajju Ram went to their fields known as Theriwala for irrigating the land. Accused Amar Singh and Daya Nand were already irrigating their fields. Shankar etc. were to take turn of irrigation at 8.00 A.M. from the accused. At 8.00 A.M. Chhajju Ram now deceased diverted the irrigation water to his field. Accused Daya Nand objected that his turn of water had not yet started. Chhajju Ram retorted that their turn started from 8.00 A.M. onwards. An altercation took place between Shankar and the deceased on one side and the accused, on the other. Accused threatened that they will see them and both of them left towards the village. Shankar etc. also went towards Ding minor to supervise the flow of irrigation water through the water courses. In the meantime, both the accused came from the side of village Sirdhan. Accused Daya Nand was armed with a gun. Accused Amar Singh exhorted his son Daya Nand accused to fire a shot. Accused Daya Nand then fired a shot from his gun towards Chhajju Ram who took a turn but was hit on the right side of the waist and fell down. Blood started oozing out from the fire shot injury. Nain Sukh PW-6 also reached there at the Naka and witnessed the occurrence apart from Shanker. Thereafter, accused fled away towards the village along with the gun. Chhajju Ram was got admitted to Civil Hospital, Fatehabad by his brother Shanker and Nain Sukh, where he was declared dead by the doctor. Ruqa Ex. Nain Sukh PW-6 also reached there at the Naka and witnessed the occurrence apart from Shanker. Thereafter, accused fled away towards the village along with the gun. Chhajju Ram was got admitted to Civil Hospital, Fatehabad by his brother Shanker and Nain Sukh, where he was declared dead by the doctor. Ruqa Ex. PG was sent by Dr. Jagdish Chaudhry to the Station House Officer, Police Station Fatehabad. A wireless message Ex. PK was sent by the said Police “Station to Police Station Bhattu. Ram Kumar Assistant Sub Inspector along with some constables reached Civil Hospital Fatehabad and recorded the statement of Shanker in Civil Hospital, Fatehabad. That statement Ex. PG/1 was sent to the Police Station and on its basis, FIR was recorded by Satbir Singh MHC, copy of which is Ex. PG/3. Inquest proceedings were conducted and report Ex. PF/1 was prepared by Ram Kumar Assistant Sub Inspector in the presence of Devi Lal and Shanker Lal PWs.. He moved an application Ex. PF and post mortem examination was conducted vide report Ex. PF/2 by Dr. S.P. Mimani. Multiple wounds of small sizes were found and eleven pellets were recovered from the abdomen of the deceased. The pellets were sealed in a vial. The clothes of the deceased were removed and sealed into a parcel. The cause of death was due to shock and haemorrhage as a result of fire arm injuries which were ante mortem in nature and sufficient to cause death in the ordinary course of nature vide post mortem report Ex, PF/2. Ram Kumar, Assistant Sub Inspector along with Ram Kumar Constable then went to village Sirdhan. He inspected the spot in the presence of Nain Sukh, Ram Sarup, Sarpanch and Brij Lal, Chowkidar. Blood stained earth was lifted, made into a sealed parcel and taken into possession vide recovery memo Ex. PH. One empty cartridge of 12 bore was found lying which was also lifted, made into a sealed parcel and taken into possession vide memo Ex. PJ. Rough site plan, Ex. PL, was prepared and statement of other witnesses were recorded. Both the accused were produced before Sunder Pal, Sub Inspector on 13.9.1993, by Bharat Singh, Ex Sarpanch of village Kirmara near village Dhingsara in presence of Partap Singh Lambardar. Accused Daya Nand produced a double barrel gun, Ex. P-8, licence, Ex. P-9, and two live cartridges. Sketch map, Ex. PL, was prepared and statement of other witnesses were recorded. Both the accused were produced before Sunder Pal, Sub Inspector on 13.9.1993, by Bharat Singh, Ex Sarpanch of village Kirmara near village Dhingsara in presence of Partap Singh Lambardar. Accused Daya Nand produced a double barrel gun, Ex. P-8, licence, Ex. P-9, and two live cartridges. Sketch map, Ex. PP of the gun was prepared. The gun was made into a sealed parcel. The licence and the two live cartridges were also sealed in parcel and taken into possession vide memo Ex. PP/1. The case property was sent, for Chemical Examination and for report of the Ballistic expert of Forensic Science Laboratory, Haryana, Madhuban. Vide report, Ex. PO, the double barrel gun, Ex. P8, was found in working order, the empty cartridge hereinafter referred to as the crime cartridge, which was lifted from, the spot, Ex. P6, was opined to have been fired from the said gun. The pellets recovered from the dead body were opined to be pellets as are usually loaded in shot gun cartridges, including 12 bore cartridge. As per reports, Ex. PO/1 and Ex. PO/2, human blood was found in blood stained earth and on shirt, Ex. P-1, Banian, Ex. P-2 and underwear Ex. P-3 of the accused. After completion of investigation, accused was sent up for trial. 3. Charge was framed against accused Daya Nand under Section 302 of the Indian Penal Code and 27 of the Arms Act. Charge was framed against accused Amar Singh under Section 302 read with Section 34 of the Indian Penal Code. 4. Prosecution, in order to prove its case, examined 10 witnesses, namely, Subhash Chander, Patwari (PW-1), Satbir Singh, Head Constable (PW-2), Ravinder, Constable (PW-3), Dr. S.P.Mirnani (PW-4), Shankar Lal (PW-5), Nain Sukh (PW-6), Ram Kumar, ASI (now 51) (PW-7), Dr. L.A. Kumar, Deputy Director, FSL, Haryana, Madhuban (PW-8), Hari Singh., Patwari, Halqa Dhingsara (PW-9) and Sunder Pal, 51 (PW-10). Affidavits, Ex. PD of Raj Pal, Constable, Ex. PE of Hari Parkash Constable were also tendered in evidence apart from the reports from the Forensic Science Laboratory, Madhuban, Karnal and thereafter closed the prosecution evidence. 5. Accused when examined under Section 313 of the Code of Criminal Procedure denied the allegations and pleaded their innocence. 6. Affidavits, Ex. PD of Raj Pal, Constable, Ex. PE of Hari Parkash Constable were also tendered in evidence apart from the reports from the Forensic Science Laboratory, Madhuban, Karnal and thereafter closed the prosecution evidence. 5. Accused when examined under Section 313 of the Code of Criminal Procedure denied the allegations and pleaded their innocence. 6. Accused Amar Singh stated that he and his son Daya Nand have been implicated falsely in this case on account of suspicion only. Their turn of irrigation water on the relevant day was from 6.00 A.M. to 12.00 (noon). The turn of irrigation water of Bahadur Singh, the father of Chhajju Ram, was to start after their turn. More than two hours were being consumed to fill the water course with water’ as the quantity available was small. Only after filling up the water course, irrigation to the field was possible. Shanker or Nain Sukh Pws were not present. It was a blind murder. 7. We have heard the learned counsel for the parties and have also gone through the record of the case carefully. It is crystal clear from the facts quoted above that the entire case of the prosecution case rests upon ocular testimony of Shankar Lal (PW-5) and Nain Sukh (PW-6) and as well as on the medical evidence put forward through the mouth of Dr. S.P. Mimani (PW-4), who conducted the post mortem examination on the dead body of the deceased. The prosecution also placed reliance on the recoveries of empty cartridges from the spot, the gun and licence from accused Daya Nand, recoveries of blood stained earth and blood stained clothes of the deceased. The prosecution has further placed reliance on the report of the Forensic Science Laboratory, Ex., PO and the statement of Dr. L.A. Kumar, Deputy Director (PW-8). The learned defence counsel vehemently argued that both these witnesses have been falsely introduced and in fact, the turn of water of the complainant party was not to start at 8.00 A.M. and it was to start at 12.00 noon. In order to lend support to this contention, learned defence counsel also referred to .the site plans Ex. The learned defence counsel vehemently argued that both these witnesses have been falsely introduced and in fact, the turn of water of the complainant party was not to start at 8.00 A.M. and it was to start at 12.00 noon. In order to lend support to this contention, learned defence counsel also referred to .the site plans Ex. PA and Ex, Pl and further submitted that there could be no occasion for the deceased and the witnesses to be present at the place where the prosecution alleged them to be present and in fact, deceased was not required to go that side for supervision of the canal water. He further submitted that it has come in evidence that the fields are not on lower level rather water course, is at a lower level. Moreover, the record clearly spells out that Amin Lal the common ancestor had three sons, namely, Bahadur Singh, Amar Singh and Chhotu Ram deceased. Amar Singh and his son Daya Nand are the accused. Deceased Chhajju Ram was son of Bahadur. Shankar Lal (PW-5) and Nain Sukh (PW-6) are also sons of Bahadur Singh and brothers of the deceased. Amin lal had 14 acres of land in the concerned field known as Theriwala in the revenue estate of village Sirdhan. He had a parcel of land of the area of 6-3/4 acres in Ohani Ishar Majra of village Hizrawan, Bahadur, Amar Singh and Chhotu, the three sons of Amin Lal, got, equal shares in Theriwala field and similarly they got equal shares in parcel of land in Dhani Ishar. The record further Ispells out that area of 12 Kanals 18 MarIas in Ohani Ishar was given in exchange by Amar Singh. In lieu thereof, he was given 12 Kanals 12 Marlas of land in Theriwala by Bahadur Singh. Thus, the share of Bahadur Singh in Theriwala field got reduced to about 26 Kanals. In this manner, the area in Dhani Ishar of Amar Singh got increased. The wari for the total area of Theriwala of all the said three brothers was 36 hours which used to commence at 6.00 A.M. on Wednesday and would last till 6.00 P.M. in the evening on Thursday. In this manner, the area in Dhani Ishar of Amar Singh got increased. The wari for the total area of Theriwala of all the said three brothers was 36 hours which used to commence at 6.00 A.M. on Wednesday and would last till 6.00 P.M. in the evening on Thursday. After having gone through the copies of mutations and jamabandi, it clearly spells out that the wari of Amar Singh would start at 6.00 A.M. on Wednesday and would last till 6.00 P.M. in the evening. The wari of Chhotu would then follow from 6.00 P.M. on wednesday to 6.00 A.M. thursday and from 6.00 A.M. to 8.00 A.M. on thursday, which will be the extra wari of Amar Singh for the larger area which he obtained under the transaction of exchange. From 8.00 A.M. the wari of Bahadur would start on thursday. Had there been no exchange, his wari would have started at 6.00 A.M. Record further spells out that khewat is joint although the co-sharers are in possession of specific field numbers and as per the law, every co-sharer is taken to be the owner and in possession of every inch of joint land comprised in joint khewat. However, for utilisation of the joint land, arrangement is required to be made since every inch of land cannot be cultivated by all the co-sharers. In view of this, it has been rightly, observed by the learned trial Judge that it cannot be held that wari of Bahadur Singh was to commence at 12.00 noon and then again the learned trial Judge rightly observed that it will also be futile to argue that the wari of the deceased was to start at 12.00 (noon). By referring to this revenue record, it has been submitted that as per calculations as to the time and area the wari of Amar Singh was to last till 10.00 A.M. It is further argued that there could be no possibility of deceased starting irrigating fields before 12.00 (noon). The deceased was thus first cousin of Daya Nand and brother’s son of Amar Singh. As discussed above, Shanker (PW-5) and Nain Sukh (PW-6) are the brothers of the deceased and moreover, there is nothing on record to show as to why these two star witnesses would depose against the accused, who are their close collaterals. The deceased was thus first cousin of Daya Nand and brother’s son of Amar Singh. As discussed above, Shanker (PW-5) and Nain Sukh (PW-6) are the brothers of the deceased and moreover, there is nothing on record to show as to why these two star witnesses would depose against the accused, who are their close collaterals. No evidence has been put forward which could show that relations between the complainant and accused party were inimical at any point of time prior to the occurrence. Meaning thereby that, there was no enmity between the parties. If Daya Nand was innocent then by way of natural conduct, he would have removed the deceased to the hospital and on his way, he would have informed the family of the deceased regarding injuries sustained by him. If deceased had been fired upon by some one else, Shanker (PW-5) and Nain Sukh (PW-6) would not have, implicated their close collaterals and since there was no enmity or strained relations, the question of false implication does not arise. 8. Learned counsel appearing for the appellant has pointed out some contradictions in the statements of the prosecution witnesses. Both Shanker (PW-5) and Nain Sukh (PW-6) have corroborated their statements with each other. They have given consistent and cogent account of occurrence and there is nothing on record to spell out that they were not present at the scene of the occurrence. Moreover, their ocular version further find corroboration from the medical evidence and the evidence relating to recoveries. The post mortem of the dead body of Chhajju Ram was performed by Dr. S.P. Mimani (PW-4), who has clearly opined that death took place due to gun -shot injury and that single shot could have caused the death and even if the direction from where a shot was fired has not been properly disclosed by eye witnesses, the same would not cause any dent in the prosecution version because there are always differences in different human beings in the matter of their observations. The victim and the assailants keep on changing their posture. The death took place by a gun shot, which was fired by Daya Nand allegedly as a result of which the deceased succumbed to his injuries. The victim and the assailants keep on changing their posture. The death took place by a gun shot, which was fired by Daya Nand allegedly as a result of which the deceased succumbed to his injuries. The statement of PW-7 Ram Kumar, SI, relating to recoveries has further advanced the case of the prosecution towards the guilt of the accused, who had lifted the blood stained earth and empty cartridge in presence of Nain Sukh (PW-6). The empty cartridge was sent to the Forensic Science Laboratory along with blood stained earth. Accused Daya Nand was arrested on 13.9.1993. He produced his double barrel gun and its licence. We find that in the instant case, it is not only the police officer Ram Kumar, Sub Inspector (PW-7) but Nain Sukh (PW-6) also deposed about the recoveries. The report, Ex. PO, from the Forensic Science Laboratory proves that the empty, Ex. P6 had been fired from licensed gun Ex. P-8. In view of the above discussion, appeal filed by the appellant fails and is dismissed. ————————————