JUDGMENT

Mukherjee, J.-Dalip Singh, the appellant before us, and five others, namely Arjan Singh, Shabeg Singh, Manjit Singh, Rachhpal Singh and Gurdev Singh were tried by the Special Court, Ferozepur for rioting, murder and other related offences. The trial ended in conviction of the appellant under Sections 148 and 302 IPC and of the others under Sections 148, 323 and 324 IPC. Aggrieved thereby, only the appellant has moved this Court by filing this statutory appeal.

2. (a) The case of the prosecution is that in the morning of February 13, 1984 Shabeg Singh (P.W.6), Bagicha Singh (P.W.7) and Mohinder Singh (the deceased) went to their field to see the water outlet when the six accused arrived there armed with various weapons. Dalip Singh gave out that they would not permit the flow of water from the outlet. When Mohinder Singh retorted to his such threat, Dalip Singh gave two blows on the head of Mohinder Singh with a gandasa as a result of which he fell down. When Bagicha Singh (P.W.7) tried to intervene, Shabeg Singh gave a takwa blow on his head. Rachhpal Singh then gave a takwa blow on his back and Manjit Singh a dang blow on his right arm. When Shabeg Singh (P.W.6) raised an a