Judgment

UNTWALIA, J.:- There are three appellants in this appeal by special leave. The occurrence in question took place at about 4-30 p.m. on the 8th of June, 1971 in the house of Dhanna Singh deceased, in village Sangrana, Police Station Gajsinghpur, District Ganganagar in the State of Rajasthan. In the occurrence were killed Dhanna Singh, his younger brother Tota Singh and another person Jagdev Singh by fire arms. Ajaib Singh, P.W. 1 received a gun shot injury on his hand. Five persons armed with various fire arms are said to have raided the baithak of Dhanna Singh situated on the south of the public road, north of which is a Dharamshala..

2. One Charan Singh, Dhanna Singh s uncle, was owner of 18 bighas of land in village Sangrana. He sold 12 bighas out of this to Bikar Singh, father of appellant Gurdas Singh. But Bikar Singh forcibly took possession of the entire 18 bighas of land. Possession over the 6 bighas of land which was not sold, was taken back from Bikar Singh. Relations between the two families were embittered in connection with the said land. It is also said that Dhanna Singh had deposed in a criminal case sometime before the occurrence against one of the sons of Bikar Singh. In the afternoon of the 8th June, Dhanna Singh was sleeping on a cot in the baithak towards the eastern side. Jagdev Singh was sleeping on another cot near the northern door of the baithak. Other persons present there were Mst. Sant Kaur, mother of Dhanna Singh, Murti sister of Dhanna Singh, Ajaib Singh Naib singh and Mahender Singh brothers of Dhnna Singh. All of a sudden appellant Gurdas Singh, s/o Bikar Singh appellant Bawa Singh appellant Jaswant Singh Gurdas Singh and Darshan Singh sons of Sampuran Singh, appeared at the northern door of the baithak armed with various types of fire arms. Appellant Gurdas singh was armed with a 12 bore gun. He fired shots at Dhanna Singh causing his instantaneous death. Bawa Singh was also armed with a 12 bore gun and fired two shots at Jagdev Singh one after the other and caused his instantaneous death. When these shots were fired by the two appellants, appellant Jaswant Singh went from the northern door of the baithak to the western door of the bakhal and took his position there with a 32 revolver in his hand so that the victims may not escape. Gurdas Singh, s/o Sampuran Singh is said to have posted himself at the northern gate. Ajaib Singh, P.W. 1 Naib Singh, P.W. 5 and Tota singh deceased ran from the place. On either side of the baithak is a Chabutari also called Chowki. On the southern Chabutari, Murti was washing clothes. Darshan Singh is said to have aimed his 12 bore gun at Ajaib Singh and fired a shot which hit him on his hand. One by one, by scaling over the compound wall, Naib Singh. Murti and Mahender Singh entered the a house of Thakar Singh, P.W. 4 which was adjacent east to the house of Dhanna Singh. Sant Kaur remained in the baithak Tota Singh took shelter in one of the rooms called Kotha. Shots were fired at the door of the Kotha. Tota Singh was given an assurance that he would not be killed and was made to come out of the Kotha. Upon this Darshan Singh gave him a push. He fell down. Thereupon appellant Gurdas Singh and Bawa Singh are said to have shot him dead. The three appellants thereafter went to the house of Thakar Singh. They asked him to open the door and hand over their enemies to them. Thakar Singh did not open the door. The assailants then left the place.

3. Ajaib Singh and Naib Singh came back to their house and found Tota Singh lying dead near the western gate of the bakhal. Dhanna Singh and Jagdev Singh were found lying dead in the baithak where Sant Kaur was sitting on the floor and weeping. Ajaib Shah went to village 22 R.B. to inform one of their friends Khuohd Singh a member of the Panchayat about the incident. Naib Singh went to village 28 FF. From there he went to the Police Station and lodged a First Information Report Ext. P-9 at 9.30 p.m, on the 8th June, 1971. S