Judgement

BALAKRISHNA ERADI, J.:- After hearing Shri A. N. Mulla, Sr. Advocate for appellants and Shri R. S. Sodhi, Counsel appearing on behalf of the respondent and having carefully examined all aspects of the case in the light of the submissions made at the Bar, we have unhesitatingly come to the conclusion that this appeal has to be allowed.

2. The four appellants before us - Tota Singh, Dauli Singh, Mithu Singh and Mukhtiar Singh were tried by the Court of Session, Faridkot on charges under Section 302, IPC read with Section 34, IPC and Section 323, IPC read with Section 34, IPC. After detailed consideration of the entire evidence adduced in the case, the learned Sessions Judge by his judgment dated May 30, 1974 acquitted the appellants of all the charges laid against them. Against the said decision of the Sessions Judge, the State of Punjab preferred Criminal Appeal No. 1106 of 1974 in the High Court of Punjab and Haryana. A Division Bench of the High Court by its judgment dated April 9, 1978 allowed the States appeal, set aside the order of the Sessions Judge acquitting the appellants and convicted the appellants under Section 302, IPC read with Section 34, IPC as well as under Section 323, IPC read with Section 34, IPC. On the first count all the appellants were sentenced to undergo rigorous Imprisonment for life and on the second count they were ordered to undergo rigorous imprisonment for one year each with a further direction that the substantive sentence of imprisonment in respect of all the appellants shall run concurrently.

3. We do not propose to set out in extenso the facts of the case nor to discuss in detail the oral and documentary evidence adduced. We say this for the reason that we are fully satisfied that the approach made by the High Court to a consideration of the appeal was wholly vitiated by a manifest illegality inasmuch as the High Court has acted in total disregard of the principles repeatedly laid down by this Court delineating the restricted grounds on which alone interference may be made by a Court of appeal with an order of acquittal passed by a lower Court.

4. The occurrence that led to the prosecution took place on July 19, 1973 at about 4 P.M. in village Bishmandi. Police Station Jaitu in District Faridkot. The case of the prosecution is that the deceased Gurdev Singh accompanied by Ajmer Singh P.W. 2 and Malkiat Singh P.W. 6 was going from the house of the Ajmer Singh to the house of the deceased on that fateful day. While they were approaching the house of one Moda Singh Jat, the four appellants, all carrying a gandasa each, suddenly besieged them from behind the Chalianwali Street raising a "lalkara" proclaiming that they were going to take their revenge for outraging the modesty of Malkiat Kaur and they attacked the deceased as well as Ajmer Singh and Malkiat Singh by inflicting gandasa blows on them. It was alleged that this was a pre-planned and concerted attack made by the appellants as a reappraisal for .an incident of alleged rape of one Malkiat Kaur by Ajmer Singh (P.W. 2), Gurdev Singh (deceased) is said to have fallen down on the spot as a result of the blows inflicted on him and P.Ws. 2 and 6 are said to have suffered simple injuries due to the attack with gandasa. According to the prosecution version on hearing the cries for help raised by P.W. 2 and P.W. 6. Kaur Singh. son of deceased Gurdev Singh came to the place of occurrence and thereupon all the four appellants ran away from the spot leaving P.W. 6 near Gurdev Singh, who was lying on the ground in an injured condition. P.W. 2 is said to have gone to the Sarpanch and the Panch of the village and informed them about the incident. Thereafter he returned to the scene of occurrence and himself along with P.W.6 are said to have put Gurdev Singh on a bullock cart and got him admitted in the injured condition in the hospital. P.W. 2 and P.W. 6 were also admitted in the same hospital. Gurdev Singh was subsequently transferred to the C