Judgment

BEG, J. :- Gurbachan Singh, appellant, his brother Kundan Singh, his nephew Pala Singh, and one Jagga Singh, said to be a co-sharer in cultivation with Kundan Singh, were tried by the Sessions Judge of Hissar on charges framed under Sections 302/34 and 323/34 Indian Penal Code. It was alleged that they had, in furtherance of a common intention, attacked Karnail Singh on 17-9-1966 and Kishan Singh and Balkar Singh. Karnail Singh had died of his injuries on 18-9-1966. He had sustained a stab wound 2.1/2 cm x 1.1/2 cm in the front of his chest on the left side, 5 cm below the left nipple which pierced his abdominal peritoneum. The learned Sessions Judge had acquitted Kundan Singh and Pala Singh but convicted Gurbachan Singh alone under Section 302 Indian Penal Code and sentenced him to life imprisonment. Gurbachan Singh had appealed against his conviction to the High Court but had failed. The State had appealed against the acquittal of Kundan Singh. Pala Singh, and Jagga Singh who were convicted by the High Court under Sections 323/34 I.P.C. and sentenced to two months rigorous imprisonment each. We are not concerned here with the cases of Kundan Singh, Pala Singh, and Jagga S