Judgement

BACHAWAT, J.:- Six persons including the two appellants were tried for offences under Section 148, Section 302 read with S. 149 and S. 201 read with Sec. 149 of the Indian Penal Code in connection with the murder of Tarlok Singh son of Amar Singh of Purana Pind. The six accused were (1) Jagir Singh of Purana Pind, (2) Tarlok Singh of Udhoke, (3) Wassan Singh of Purana Pind (4) Jagir Singh of Bhumbli, (5) Dyal Singh of Dalla and (6) Pritam Singh of Dalla. Tarlok Singh deceased was brutally attacked on the thrashing floor of Amar Singh at a distance of eighty feet from his Haveli near the outskirt of village Purana Pind on April 27, 1965 at about 4 p. m. The prosecution case was that all the six accused came to the spot with the object of killing Tarlok Singh, accused 5 was riding a white mare and carrying a spear, and the remaining five accused were on foot and were armed with kirpans or swords. Accused 5 shouted a challenge saying that Tarlok Singh must not be spared, accused 4 gave two kirpan blows on his feet, accused 1 gave a sword blow on his neck and the other accused caused injuries to him with their swords. When the victim was almost dead, he was placed on the mare