Judgment

KHANNA, J.:- The six appellants, Bishan Singh (43), Gurdial Singh alias Dalo (40), Hardial Singh (65), Surjit Singh (20), Harbans Singh (44) and Hazur Singh (23), were tried in the Court of learned Additional Sessions Judge Jullundur on various charges in connection with an occurrence which resulted in the death of Amrik Singh (29) and Surat Singh (27) and were acquitted. On appeal filed by the State, the Punjab and Haryana High Court convicted the six appellants under Section 302 read with Section 149, Indian Penal Code for the murder of Amrik Singh and Surat Singh and sentenced each of them to undergo imprisonment for life. Each of the six appellants was also convicted under Section 148, Indian Penal Code and was sentenced to undergo rigorous imprisonment for a period of two years. Hazur Singh and Surjit Singh appellants were further convicted under Section 449, Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of five years. The sentences in the case of each of the appellants were ordered to run concurrently. The six appellants have now come up in appeal to this Court.

2. Bishan Singh and Gurdial Singh appellants are brothers. Surjit Singh appellant is the son of Hardial Singh appellant. Harbans Singh and Hazur Singh appellants are collaterals. The prosecution case is that a day before this occurrence at about 4 p. m. there took place an altercation between Amrik Singh and Surat Singh deceased on the one side, and Bishan Singh, Hazur Singh and Hardial Singh accused on the other on account of a deserted well which was situated near Patti Thakarwal gate of village Samrai. The accused and the two deceased persons belong to that village. The cause of the altercation was that Amrik Singh and Surat Singh deceased wanted the old deserted well near gate Patti Thakarwal to be filled up, while Hardial Singh, Hazur Singh and Bishan Singh accused opposed the idea of filling up that well. During the course of the above altercation Hardial Singh accused abused Amrik Singh deceased. Surat Singh at that time sided with Amrik Singh. The parties were about to grapple but others intervened and separated them.

3. On May 28, 1969 at about 5 p. m., it is stated, Mohan Singh (P. W. 5), who is the father of Surat Singh deceased, went to Patti Thakarwal gate after asking the respectable persons of the above Patti to settle the dispute regarding the filling up of the well in question. Amrik Singh and Jagdarshan Singh P. Ws. also reached Patti Thakarwal gate. Surat Singh and Amrik Singh deceased were then seen coming from the side of Mohan Singh s haveli. When the two deceased persons came in front of the Patti Thakarwal gate, the six accused emerged out of that gate. The accused raised shouts that Surat Singh and Amrik Singh who were empty handed should be killed. Gurdial Singh accused was armed with gandasi P-5, Harbans Singh had barchha P-4 and the remaining four accused were armed with kirpans. Bishan Singh accused then gave a blow with kirpan on the head of Surat Singh. Harbans Singh at the same time gave a barchha blow in the chest of Amrik Singh. On receipt of these blows, both Amrik Singh and Surat Singh ran towards Mohan Singh s haveli. Surat Singh deceased, however, fell down at a distance of about 20 karams. Amrik Singh with a view to save his life then ran into the lane. Hazur Singh and Surjit Singh chased Amrik Singh. Harbans Singh accused gave a barchha blow on the right shoulder of Surat Singh when the latter was lying on the ground. Gurdial Singh also gave a gandasi blow on the right arm of Surat Singh. More blows were then given to Surat Singh with kirpans by Bishan Singh and Hardial Singh. Jagdarshan Singh (P. W. 6) and Amrik Singh (P. W. 7) shouted to the accused not to cause further injuries to Surat Singh. Harbans Singh, Gurdial Singh, Bishan Singh and Hardial Singh accused then went towards the fields with their respective weapons. Mohan Singh, Jagdarshan Singh and Amrik Singh t