Judgement

OZA, J. :- This appeal has been preferred by the appellants by leave granted by this Court against their conviction under S. 302 read with S. 149 and sentence of imprisonment of life and fine of Rs. 2,000/- in default one years rigorous imprisonment and u/s. 148 a sentence of one years rigorous imprisonment to each one of the appellants awarded by Additional Sessions Judge, Amritsar by his judgment dated 14th March 1975 and maintained on appeal by the High Court of Punjab and Haryana by their judgment dated 11th May 1978.

2. The prosecution case at the trial was that on 30th May 1974 Hansraj and Makhan Singh (deceased) were going in a rickshaw to the house of Hans Raj situated in Model Town, Chheharta with a bag of wheat. They had come from village Muradpura. When they reached near the gate of Guru Nanak University, Amritsar at about 2.30 p.m. all the five appellants Dalbir Singh alias Bhira, Balvinder Singh, Joginder Singh, Mohinder Singh and Karma waylaid them. At that time Dalbir Singh and Joginder Singh were armed with Kirpan, Balvinder Singh and Mohinder Singh were armed with gandassis and Karma was armed with a sua. They challenged (lalkara) the deceased and on this Hans Raj and Makhan Singh tried to run away, Joginder Singh and Mohinder Singh appellants caused injuries to Makhan Singh with their respective weapons and Bhira, Balvinder Singh and Karma appellants caused injuries to Hans Raj, with their respective weapons. This was witnessed by Joginder Singh, P.W. 3 who was going from village Muradpur to Basarke Gill on a bicycle and was behind the rickshaw of Hans Raj and Makhan Singh and also by Bakhshish Singh, who was also coming in a rickshaw behind the rickshaw of Hans Raj and Makhan Singh.

3. A.S.I. Satya Pal, P.W. 11, who was returning from Kot Khalsa to Police Station Sadar, Amritsar after the investigation of a theft case, met A.S.I. Jagan Nath, P.W. 12 at about 2.35 p.m. on Surta Singh Road. Jagan Nath was going to Police Post Chheharta after doing pairvi of the cases pending in the District Courts.

4. On getting the information about the occurrence from a passer-by A.S.I. Satya Pal and S.I. Jagan Nath reached the place of occurrence and saw two persons lying injured on the left side of the road. At that time Hans Raj was unconscious and the condition of Makhan Singh was also precarious but he was in his senses and could speak. There was no one else at that time near about.

5. Apprehending that Makhan Singh may not live long, S. I. Jagan Nath, P.W. 12 recorded his statement Ex. PY (dying declaration) which was read out to him (Makhan Singh) and got his thumb mark in token of the correctness of the statement. This dying declaration Ex. PY was attested by A.S.I. Satya Pal and S.I. Jagan Nath also. A memorandum of injuries of both Makhan Singh and Hans Raj was also prepared and later a supplementary statement of Makhan Singh Ex. PZ was also recorded.

6. Hans Rajs wifes sisters son Mohan Lal, P.W. 9 arrived on the spot and S. I. Jagan Nath asked him to take the injured persons in a three-wheeler to V.J. Hospital, Amritsar and Mohan Lal carried both the injured to the Hospital where Makhan Singh was admitted at 3.50 p.m. by Dr. Suresh Chander Saini, P.W. 2 while Hans Raj was declared dead at 4. p.m. by him. At 5. 15 p.m. Makhan Singh also died and an intimation about this was sent to the Casualty Medical Officer.

7. A.S.I. Satya Pal took blood-stained earth from the place of occurrence. A case was registered on the basis of dying declaration at Police Station Sadar, Amritsar. An inquest report of Hans Raj and Makhan Singh was prepared and the dead bodies were sent for post-mortem examination. Autopsy was conducted by Dr. D. S. Bedi, P.W. 1 on 31st May 1974. He found 16 injuries on the dead body of Hans Raj and 13 injuries on the dead body of Makhan Singh. During investigation the instruments of offence were also recovered and were found stained with human blood but the trial Court as well as the High Court rejec