Judgment

CHINNAPPA REDDY, J.:- Jagdeo Singh, Baldeo Singh and Labh Singh along with five others were tried by the learned Additional Sessions Judge, Nagpur. While the other five were acquitted these three persons were convicted under Sections 147, 148, 302 read with Sec. 34, S. 302 read with S. 149, S. 307 read with S. 34 and S. 307 read with S. 149. The case of the prosecution briefly was that there was rivalry between two groups of truck owners. The accused persons belonged to one group and the trucks bearing Nos. BRV 4482, BRV 5575 and BRV 5657 were operated by them. The trucks of the opposite group were those belonging to Kesar Singh, Jit Singh and the deceased, Kripal Singh. Truck No. BRV 5161 which belonged to this group was driven by the deceased Kripal Singh. Kripal Singhs nephew Rajender Singh (P. W. 3), a lad of sixteen years was working as a cleaner in truck No. BRV 5161. After discharging a load of bricks at Bhilai truck No. BRV 5161 was driven towards Nagpur on the evening of March 15, 1971. After reaching Nagpur Kripal Singh made a telephone call from Pauls Petrol pump to one Surti Dalal (P. W. 37), a broker whose business was to arrange loads of goods for trucks. Kripal Singh was informed that Surti Dalal had gone to the Santra Market. So, the deceased and P. W. 3 took their truck to Santra Market, They met Surti Dalal there and were told by him that no load of goods was available that day. From the Santra Market all of them went in the truck to Surti Dalals office, in Gandhibagh. The time was about 10.50 p.m. then. The three trucks of the accused group were then standing in front of Dalals office. Jagdeo Singh, Baldeo Singh, Gurmel Singh, Labh Singh, Harbans Singh (absconding accused) and five others were standing near the truck. Jagdeo Singh, Harbans Singh and Labh Singh were the drivers of the three trucks. Seeing Kripal Singh, Jagdeo Singh came near their truck and asked him to take away his truck as their trucks were already there. Without giving any reply Kripal Singh got down from the truck and went inside the office of Surti Dalal. P. W. 3 was asked to enquire if any food was available in a neighbouring hotel. On being told that no food was available Kripal Singh telephoned to Pauls Petrol pump and asked the hotel keeper who ran a restaurant near the petrol pump to prepare meals for two persons. The hotel keeper agreed to do so. Kripal Singh and P. W. 3 then started proceeding in their truck towards Pauls petrol pump. After they had gone some distance truck No. BRV 5657 overtook them and went ahead. Kripal Singh remarked to P. W. 3 that Jagdeo Singh appeared to be bent upon picking up a quarrel and therefore they should be cautious, When they had reached the Mehta petrol pump on the Bhandara Road they saw that truck No. BRV 5657 had stopped ahead of them on the road. So they stopped their truck. Immediately five persons Jagdeo Singh, Baldeo Singh, Gurmel Singh and two others got down from truck No. BRV 5657 and came towards Kripal Singhs truck. Jagdeo Singh was armed with a sword, Baldeo Singh with a kirpan and Gurmel Singh with an iron rod. The other two persons were armed with a stick and iron rod. The accused opened the right hand side door of the truck and dragged Kripal Singh out of the truck. Kripal Singh picked up a knife which was lying in the dash board of the truck. Jagdeo Singh hit him with the sword but Kripal tried to ward off the blow by raising his left hand. He received a cut on his left palm. Kripal Singh began to run away. The five persons chased him. Meanwhile a second truck (No. BRV 5575) came and stopped very near truck No. BRV 5161. Labh Singh, Harbans Singh and two others got out of the truck and opening the left hand side door of the truck of the deceased, dragged P. W. 3 out of it and began to beat him. Labh Singh had an iron rod, Harbans Singh had a sword and the other three persons had sticks and iron rods. Labh Singh gave a blow with the iron rod on the shoulder of P. W. 3 whi