JUDGMENT

SARKARIA J.:— Labh Singh, Jamiat Singh, Banta Singh, Surjit Singh and Harbans Kaur of village Manauli were tried for the murders of Nasib Singh and Sadhu Singh by the learned Additional Sessions Judge, Patiala. All of them were acquitted. The State carried an appeal against that acquittal to the High Court of Punjab and Haryana. The High Court set aside the acquittal of Labh Singh, Jamiat Singh and Banta Singh and convicted them under Sec. 302 read with S. 34, Penal Code on two counts and sentenced them to imprisonment for life, each. In addition, a fine of Rs. 200/- was imposed on each of the convicts.

2. Aggrieved by that order, Labh Singh, Jamiat Singh and Banta Singh have come in appeal to this Court.

3. The prosecution story as adumbrated in the F.I.R., Ex. P.A., lodged by Gurdev Singh, PW 5, at the Police Station, Mubarakpur, on October 13, 1968 at 3.50 P.M. was as follows:

"I am a resident of village Manauli. Today, at 8/9 A.M. I along with my father, Nasib Singh and my sister s husband, Sadhu Singh son of Assa Singh, Jat, by caste, resident of Bandey Mahla Khurd, were scraping Khal (channel) to bring water from the tubewell of Teja Singh of Kailria, now residing at Manauli. Labh Singh and his companions came running from his maize field: and Labh Singh son of Ram Dass resident of aforesaid village, gave a gandasi blow from its sharp side on the head of Sadhu Singh, who ran away. Jamiat Singh son of Ram Dass gave a bircha blow from the back, on his shoulder blades. Banta Singh, brother-in-law (wife s brother) of Labh Singh, resident of Sahoran, gave a kohala blow from its sharp side on the right leg of Sadhu Singh, who fell down in the maize field of Gurdev Singh, resident of Manauli. Thereon, Harbans Kaur wife of Labh Singh hurled a kirpan blow towards my father which he warded off with his hands, and the hands were injured. Sital, resident of Sahoran, gave a Safajang blow from the right side on the head of my father, who also fell down. Both the aforesaid accused inflicted 85 injuries with their respective weapons upon Sadhu Singh and my father when they were lying on the ground. Ram Dass father of Labh Singh kept on raising lalkaras that Sadhu Singh and Nasib should not be left alive. My mother, Mihar Singh jat of village Sahoran and Nasib Singh Jat resident of Khuda, had also reached the spot. On the alarm raised by all of us, the accused ran away. Thereafter I collected Panchayat of the village and showed them the spot. The cause of fight is that about one and a half months back, Labh Singh had damaged our gowara crop by letting in bullocks. An altercation had also taken place with Sadhu Singh who had come to Manuali on duty. So abuses were also exchanged many times but the Panchayat used to pacify the matter in the village. They have belaboured my father and Sadhu the latter due to the grudge that he has been helping my father. All the accused have inflicted injuries with their common intention. My maternal uncle, Nasib Singh, and Gurdev Singh, resident of Manuali have taken Sadhu Singh and my father to the Hospital at Chandigarh, for treatment. I along with Mihan Singh aforesaid have come to lodge the report. Action may be taken."

4. On this report, Station Officer Gurnam Singh (P. W. 22) registered a case under Secs. 307/326/149, Penal Code. Accompanied by Head Constable Santokh, 4 constables, Gurdev Singh P.W.5 and Mihan Singh, PW 9, he then reached the Bus Stand at Chandigarh. From there, he sent the Head Constable to the scene of occurrence, while he along with the PWS, reached the Hospital in Sector l6 at 6.30 P.M. He found Sadhu Singh dead, and Nasib Singh unfit to make a statement. He then recorded the statement of Mihan Singh there in the Hospital. Nasib Singh also died in the Hospital the same night. He prepared the inquest reports regarding the deaths of Sadhu Singh and Nasib Singh. On the following day, the 14th October, he visited the scene of occurrence in the presence of PWS Sardari Lal Sarpanc