Judgment

KHANNA, J: - This is an appeal by special leave by Roop Singh (30), Paranjan Singh (42), Nirbhai Singh (22), Maghar Singh (56), Tara Singh (30) and Naib Singh (25) against the judgment of the Punjab & Haryana High Court. The six appellants were tried along with Major Singh (14), Inder Singh (50) and Teja Singh (42) in the Court of the Additional Sessions Judge Barnala on various charges in connection with an occurrence which resulted in the death of three persons, Mastan Singh (55), Amar Singh (55) and Mohinder Singh (26) and injuries to Bachan Singh (PW 9). Learned Additional Sessions Judge acquitted all the nine accused. On appeal by the State of Punjab, the High Court convicted the six accused appellants under Section 302 read with Section 149 and S. 326 read with S. 149 Indian Penal Code and sentenced each of them to undergo imprisonment for life on the first count and rigorous imprisonment for a period of three years on the second count. Both the sentences were ordered to run concurrently. The State appeal against the acquittal of Major Singh, Inder Singh and Teja Singh was dismissed.

2. The case for the prosecution is that there was a long standing enmity between the party of the accused and that of the three deceased persons. In 1964 Kaka Singh, brother of Roop Singh accused, and Nagender Singh, father of Major Singh accused and brother of Inder Singh accused, were murdered. Twelve persons, including Atma Singh Sarpanch PW, Bachan Singh PW and Mohinder Singh deceased were prosecuted in the case relating to the murder of Kaka Singh and Nagender Singh. Four accused in that case, including Atma Singh, Bachan Singh and Mohinder Singh were acquitted, while the remaining accused were convicted and sentenced to undergo imprisonment for life. Another cause of strained relations between the parties was that Hazura Singh, father of Paranjan Singh accused, had been murdered about 12 or 13 years ago. Nek Singh, Nachhattar Singh and Bikar Singh, sons of Amar Singh deceased, were convicted by the trial court in the case relating to the murder of Hazura Singh, but they were acquitted on appeal by the High Court. Security proceedings were also started by the police against the parties on account of their strained relations.

3. Mastan Singh deceased, it is stated, had given his land on batai to Amar Singh deceased. The maize crop from the land was thrashed on November 7, 1966 at the mill of one Dalip Singh at a short distance from the abadi of village Kangar to which the parties belonged. The thrashing work was complete by 3 P. M. At about 5.30 p. m. on that day Amar Singh deceased and his son P. W. Gurmail Singh (16) as well as Mastan Singh deceased, his son Mohinder Singh deceased and nephew P. W. Bachan Singh (45) were present at the mills, as they were engaged at that time in removing the thrashed maize. While these persons were busy in weighing and tying the maize in bundles, the nine accused came there from the direction of the village abadi. Roop Singh, Inder Singh and Major Singh were armed with barchhas, while Teja Singh had a gun. The remaining accused carried gandasas. Naib Singh, accused, it may be stated, is the son of Teja Singh. As soon as the accused arrived there, Roop Singh shouted that the assailants of Kaka Singh and Nagender Singh would not be spared. Naib Singh then gave a gandasa blow on the head of Bachan Singh. The wrong side of the gandasa struck the head of Bachan Singh, whereafter another gandasa blow was given by Tara Singh accused on the left wrist of Bachan Singh. Naib Singh then aimed a gandasa blow at Bachan Singh and he was struck by the lathi portion of that gandasa. Mastan Singh deceased then ran towards a well Mastan Singh had hardly covered a distance of 8 or 9 karams, when Teja Singh, who was holding a gun, came in front of Mastan Singh and asked him to stop. Mastan Singh took shelter behind the raised wall of the well but he was given a barchha blow in the neck by Roop Singh. Naib Singh, Mag