Judgement

S. M. FAZL. ALI, J.:- This is an appeal by special leave preferred by the appellants Balaka Singh, Joginder Singh, Pritam Singh, Darbara Singh and Jarnail Singh. The appellant Balaka Singh has been convicted under Section 302, I. P.C. and sentenced to imprisonment for life. The other appellants have been convicted under Section 302 read with Section 149 and sentenced to life imprisonment and a fine of Rs. 1.000/- each or in default further rigorous imprisonment for one year. All the appellants have also been convicted under Section 143. I. P. C. and sentenced to rigorous imprisonment for four months each and under Section 148 to rigorous imprisonment for one year each. Balaka Singh has also been convicted under Section, 325, I. P. C. for having caused grievous hurt to Gurmej Kaur and Harnam Kaur and sentenced to two years rigorous imprisonment and fine of Rs. 100. The other accused have also been convicted under Section 325 read with Section 149, I. P. C. and awarded the same sentence as Balaka Singh. Apart from these five appellants there were four other accused who were prosecuted before the trial Court of the Additional Sessions Judge. Patiala, namely Makhan Singh, Sucha Singh s/o Inder Singh, Teja Singh and Inder Singh but these accused persons were acquitted on appeal by the High Court of Punjab and Haryana. The High Court has, however, confirmed the conviction and sentences passed on the appellants and has dismissed the appeal and hence this appeal before us.

2. Put briefly the prosecution case is as follows. About seven years before the occurrence one Guranm Singh alias Karnail Singh was murdered and Balaka Singh accused end his brother Asa Singh were tried for the murder of Gunam Singh and convicted and sentenced under Section 302, I. P. C. to imprisonment for life by the Sessions Judge Balaka Singh and Asa Singh, however, went up in appeal to the High Court and were acquitted. Banta Singh P. W. 3 who is informant in the instant case was the chief prosecution witness in the murder case in which Gurnam Singh was killed. It is also the admitted case of the prosecution that Balaka Singh and his people were on inimical terms with Banta Singh and the deceesed Gurnam Singh. It was further alleged that Dharam Singh the deceased in the present case was the cousin of Banta Singh and was used by him as a sort of his body-guard to protect him from his enemies. Shortly before the occurrence the appellant Balaka Singh and his brother Asa Singh had filed an application under Section 107 of the Code of Criminal Procedure against Banta Singh. Dharam Singh, Budha Singh and Kashmir Singh and in those proceedings the licenced gun of the deceased Dharam singh was also deposited and this gave rise to a fresh grouse on the part of the prosecution party against the accused. Banta Singh and Dharam Singh also had de a counter-application for taking security proceedings against the present appellants but no action thereupon appears to have been taken. The actual occurrence took place on September 1, 1966. when Banta Singh P. W. 3 the informant and Dharam singh the deceased had gone to see their fields. They returned from their fields at about 6 P. M. and Dharam Singh had entered house while Banta Singh took his leave and went to his own house. While Banta Singh was going to his house he saw the nine accused persons including the five appellants variously armed with spears gandasis and lathis proceeding towards the house of Dharam Singh. The party of the accused is said to have entered the house of Dharam Singh and Makhan Singh, Sucha Singh s/o Inder Singh, Inder Singh and Teja Singh - hereinafter referred to as the four accused (since acquitted by the High Court) are said to have incited and exhorted their companions to finish off Dharam Singh and not to spare any member of his family, Dharam Singh was busy in tying the rope of his ox which was tethered in his court-yard. The accused after entering the court-yard opened attack on the