IMPORTANT POINT
Offence committed by the two accused in causing the death of the deceased comes u/s 304 (Part II) I.P.C. when they being armed with deadly weapons caused simple injuries on non-vital parts of the body.

JUDGMENT

M.K. Mukherjee, J.-Ranjha and Billu, the two appellants before us, and Kala, son of Ranjha, were prosecuted under Sections 302/34, 324, 324/34 and 323/34 of the Indian Penal Code in the Court of the Sessions Judge, Ferozepore for committing the murder of Khanu and causing injuries to Mana (PW 3). They were, however, given the benefit of doubt and acquitted. Against their acquittal the State of Punjab preferred an appeal which was allowed by the High Court and all of them were convicted for the offences alleged against them. Following their conviction the High Court sentenced the two appellants to different terms of imprisonment, including life, with a direction that the sentences would run concurrently but dealt with kala in accordance with Section 27 of the East Punjab Children Act as he was a child within the meaning of the said Act on the date of the incident. Aggrieved by their conviction and sentence the appellants have preferred this appeal under Section 379 Cr.P.C.

2. The prosecution case as made out at the trial is as under :

(a) In the evening of February 23, 1978, Dittu (P.W. 2) was in his house in village Pirke Khangarh and was waiting for the arrival of his father Khanu and nephew Mana. At or about 9 P.M. he heard an alarm and responding to the same when he went out of his house he found appellant Billu armed with a gandhali, appellant Ranjha with a stick and Kala with a Kassi standing near the house of Ranjha. His father and Mana were also there. Billu was asking Khanu and Mana not to go past his house as they had earlier objected to their (the appellants) selling liquor. In course of the quarrel that ensued over that issue Billu gave a gandhali blow hitting Mana on the head and Ranjha gave a blow with his stick on the right arm of Mana. Mana fell down due to the assault and then Kala gave two Kassia blows on his legs. When Khanu tried to rescue Mana, Billu gave a gandhali blow hitting him on his back as a result of which he dropped down. Ranjha and Kala then started giving him further blows with their respective weapons. Dittu and Walla, who was also present there, raised a hue and cry, and the three accused ran away with their respective weapons. Dittu and Walla then took Khanu and Mana to their house and gave them some first-aid. Khanu, however, died a few hours later.

(b) Dittu then went to Harbans Singh, a member of the Panchayat, and narrated the incident to him. Accompanied by Shabu, the chowkidar of the village, Dittu came back home and leaving Shabu to look after the dead body of Khanu went to Mamdot Police Station and lodged an information about the incident. SI Hardeep Singh (PW 5) registered a case on that information and went to the spot. He first held inquest upon the dead body of Khanu and sent the same for post-mortem examination. In course of the investigation he arrested the three accused persons and pursuant to the statements made by Billu, Kala and Ranjha recovered a gandhali, a kassia and a stick respectively. On completion of investigation he submitted charge-sheet and in due course the case was committed to the Court of Session.

3. In support of its case the prosecution examined besides other witnesses, Dittu (PW 2) and Mana (PW 3) who gave an ocular version of the incident. Dr. Berinder Pal Singh (PW 1) testified that on February 24, 1978 at 12.15 P.M. he examined Mana and found the following injuries on his person :

"1. An incised wound I cm. x 1.5 cm. on front and middle of right leg. Blood clot was present.

2. Incised wound 2.5 cm. x 0.5 cm. on front and upper half of the left leg, 11 cm. below the left knee. The wound was bone deep and X-ray was advised.

3. Lacerated wound 2.5 cm. x 1 cm. on front and middle of left leg, 1 cm. below injury No. 2. The wound was vertical in direction and was bone deep. Blood clot was present, X-ray was advised.

4. Reddish contusion 8 cm. x 3 cm. on upper