Judgment

RAGHUBAR DAYAL, J. : This appeal, by special leave, is against the judgment of the Punjab High Court dismissing the appellant s appeal and confirming his conviction under S. 302 and S. 307 read with S. 149, I.P.C.

2. The case for the prosecution was that the appellant and twelve other persons who were tried with him, had, on account of a dispute about the possession of a plot of land assaulted Darshan, deceased, and his companions, when they were returning from their fields and that Darshan Singh and his companions also struck the appellant s party in self-defence. In the incident, Darshan and Nand Lal received injuries on the one side while Daya Ram, Hamela and Kartar Singh the appellant received injuries on the appellant s side. Darshan Singh died on account of the injuries received.

3. Daya Ram stated that when he, Kartar Singh, Hamela and a few other persons were going near about their field, Darshan Nand Lal and others, who happened to be sitting on a well, challenged them and Nand Lal remarked that he would not let him (Daya Ram) escape. At this fight ensued between both the parties in which injuries were inflicted on each other. Daya Ram said that he did not know who s