bat blow on the windscreen of the car bearing No. PB-10-DL-9798 resulting in damage being caused thereto, and, that co-convict Baljinder Singh though not firing at the deceased but yet after the proclaimed offender Karanveer Singh, firing the fatal firearm shot at the deceased, rather the convictappellant Baljinder Singh subsequently firing in the air. 22. Significantly, thereby besides since the learned defence counsel, while subjecting the eye witnesses (supra) to the crime event, choosing rather to attribute a motive to the convicts, and, the said attribution of motive, if any, to the considered mind of this Court, when does not have any exculpatory effect. Resultantly when apart from the learned defence counsel in his making cross-examinations, upon, the ocular witnesses to the crime event, wherebys he attempted to prove the motive, his also making suggestions to the eye witnesses (supra), wherebys he only intended to create a defence, that it was a sudden quarrel which emerged at the crime site, and, that therebys the crime event was not an offence punishable under Section 302 IPC but was an offence of culpable homicide not amounting to murder, which was thus punishable under Section 304 Part II of the IPC.
