Judgment

SARKARIA, J.:- The facts leading to these Criminal Appeals 151 of 1975 and 185 of 1976 are as follows :-

In the General Elections held to the Legislative Assembly of the State of Jammu and Kashmir in 1972, two candidates, namely, Rangil Singh (Congress) and Lala Sain Dass (Independent) contested from Ranbirsinghpura constituency. Two years earlier, in the election to the office of the Lambardar of Village Bahu, two factions came into existence. One of them was led by Pritam Singh, complainant, while the other was led by Piyara Singh and Hazara Singh, respondents in Criminal Appeal 151 of 1975. Pritam Singhs faction supported Sant Singh candidate, while Piyara Singhs faction canvassed for Gulab Singh, the rival candidate. The relations between Pritam Singh, complainant and his brother on one side and Piyara Singh and Hazara Singh on the other, which were already bitter became further strained due to this rivalry in the elections.

2. On February 28, 1972 in the evening, a public meeting in connection with the elections to the Legislative Assembly was held in the compound of the Co-operative Stores in village Bahu to canvass support for the Congress candidate, Rangil Singh, who was pitched against Lala Sain Dass, an Independent candidate. P. W. Pritam Singh was the Chairman of this meeting, while Rangil Singh, Janak Raj, M.L.C., Harbans Singh, deceased, P. Ws. Kapoor Singh, Nihal Singh, Amar Singh, Thakur Raj Singh and Suchet Singh attended this meeting. At about 6-30 P.M., when the public gathering was being addressed by Rangil Singh,Piyara Singh respondent drove past the place of meeting on a motorcycle on the pillion of which was seated a non-Sikh gentleman. The meeting terminated at about 7 p. m. At the conclusion of the meeting, tea was served to Rangil Singh, Janak Raj, Suchet Singh and other distinguished persons who had attended the meeting. Thereafter, Rangil Singh and Janak Raj departed for Jammu. The other persons, excepting Pritam Singh, complainant and his son Harbans Singh deceased, P. Ws. Kapoor Singh, Nihal Singh, Amar Singh and some others stayed behind to settle the tea accounts of the caterer, Gandhu Shah. On the way, when the complainant and his companions reached a culvert between the Havelies of Thakur Singh and the respondents at about 8 p. m., Hazara Singh was seen standing in the compound of his Haveli along with his brother, Piyara Singh, respondent. On seeing the complainant and his companions, Piyara Singh accosted Harbans Singh deceased that he had got the deceased employed as a teacher, yet he (deceased) was opposing him by participating in the meeting organized by the Congress Party. The deceased retorted that it was the Government which had given him the employment and the appellant had done him no favour. On hearing this reply, Piyara Singh exhorted to his brother, Hazara Singh to let the deceased have a taste of it. Thereupon, Hazara Singh fired his gun hitting the deceased in the abdomen. One of the pellets of the same shot hit the left hand of P. W. Kapoor Singh who was standing close to the deceased. At this juncture, Pritam Singh shouted to his companions to save themselves. Pritam Singh took shelter in a shop situate nearby. On receiving the injury, the deceased walked a few steps to take cover in the dilapidated Haveli of Thakur Singh, which was situate at a distance of 3 or 4 steps from him. He had hardly taken a step or two in that direction when Piyara Singh snatched the gun from Hazara Singh sarcastically remarking that the latter was even not able to kill the deceased. Piyara Singh then fired a shot at the deceased hitting him in the region of the eye and cheek. As a result of this gun-shot, the deceased dropped dead. Pritam Singh, complainant and his companions raised an alarm whereupon both the respondents, Piyara Singh and Hazara Singh got on their tractor and drove off. Piyara Singh was holding a gun and shouting at the top of his voice that whosoever would dare to approach t