JUDGMENT

N.P. SINGH, J.- One appeal is on behalf of Hari Singh and the other is on behalf of Satbir and Gulbir. They were put on trial along with Suresh, Vijender and Virinder for having committed the murder of Mange Ram on October 7, 1982. Virinder being a minor his trial was separated so that the said may be conducted by Children Court. The remaining five accused were convicted for offences under Section 302 read with 149, Section 148 and Section 323 read with 149. Sentence of imprisonment for life was imposed against all the five accused persons under Section 302 read with 149, whereas under Section 148 each one of them was sentenced to undergo rigorous imprisonment for one year, and rigorous imprisonment for three months under Section 323 read with 149. The sentences were directed to run concurrently. The High Court dismissed their appeal.

2. Special Leave Petition (Criminal) No. 2160 of 1985 was filed on behalf of accused Hari Singh, Suresh and Vijender. On September 23, 1985 this Court granted special leave to appeal to appellant Hari Singh, but dismissed the said special leave petition so far Suresh and Vijender were concerned. Leave was granted to appellants Satbir and Gulbir on a separate special leave petition filed on their behalf.

3. The case of the prosecution is that in the night intervening October 6 and 7, 1982 Mange Ram (hereinafter referred to as "the deceased") and Ram Kishan PW 16, who is the first cousin of the deceased, were returning after witnessing the Ram Leela. At that very time Suresh, Satbir, Vijender, Virinder and Gulbir were also returning after the show. Near the baithak of Jit Ram, the accused persons teased some girls of the village who had also gone to see the Ram Leela. The deceased and PW 16 objected to the behaviour of the accused persons towards the girls of their own village. On this it is said that the accused persons abused them which was followed by exchange of abuses from both the sides. Budhi PW 13 intervened and pacified them. Next day at about 2.30 p.m. the deceased and PW 16 went to their flour mill to bring back their bullocks and fodder cart. Suresh and Satbir with pharsas, Hari Singh with a ballam, Virinder, Vijender and Gulbir with sticks came there. Suresh abused the deceased and PW 16 saying that they would teach them a lesson for abusing them i.e. accused persons on the previous night. Having said so accused Suresh gave a pharsa blow from the blunt side, on the head of the deceased. Satbir also gave a pharsa blow from the blunt side, on the head of the deceased. PW 16 raised an alarm. Virinder, Vijender and Gulbir gave stick-blows to the deceased. It is further the case of the prosecution that when PW 16 tried to intervene, Hari Singh gave a ballam-blow from the blunt side on his head and Vijender gave a stick-blow on the left elbow of PW 16. Thereafter an alarm was raised and accused persons fled away from the place of occurrence.

4. The victim was taken to B.K. Hospital, Faridabad on a tractor. From there he was referred to A.I.I.M.S., New Delhi, by Dr O.P. Sethi PW 1. PW 1 also sent information to the Police Post No. 5, Faridabad, at about 4.15 p.m. The victim reached the A.I.I.M.S. at about 7.25 p.m. where he was examined. Raghbir Singh, A.S.I., PW 17 who had got the information about the occurrence at the police station, Chhainsa at 5.35 p.m. the same evening from the police station, New Township, Faridabad, went to the Institute aforesaid and recorded the statement of PW 16 at 8.30 p.m., which was forwarded to the police station, Chhainsa, where a case was registered at 11.30 p.m. the same night. PW 17 took up the investigation and visited the place of occurrence and collected bloodstained earth. The victim died in the Institute the next morning at 7.00 a.m. The post-mortem examination was held by PW 15 on October 8, 1982 at 4.30 p.m. He found three stitched wounds, one on the right parietal region, second on the middle of the scalp and the third on the left parietal re