Judgement

S. R. DAS J. : Gurbakhsh Singh along with his brother Labh Singh, his son Piara Singh and his brother s son Jawahri was sent up for trial under S. 302 read with S. 34, Penal Code, for having murdered one Mohinder Singh and also under S. 307 read with S. 34, Penal Code, for having inflicted gun-shot injuries on one Thakar Singh (P. W. 17).

The Additional Sessions Judge acquitted Labh Singh, Piara Singh and Jawahri of both the charges but convicted Gurbakhsh Singh under both S. 302 and S.307 and sentenced him under the former Section to death and under the latter Section to 5 years rigorous imprisonment.

The High Court having dismissed his appeal and accepted the reference the present appeal has been brought by special leave of this Court by Gurbakhsh Singh against his conviction and sentences.

2. The prosecution case is that on 27th or 28th October 1953 there was an altercation between Sundar Singh, brother of Suja Singh and their employee Mohinder Singh on the one hand and Gurbakhsh Singh and Gurdip Singh on the other over changars raised by Gurbakhsh Singh, who was then in a drunken state, in front of Suja Singh s house.Gurbakhsh Singh is said to have left the place after