JUDGMENT

N. P. SINGH, J.:—These appeals have been filed on behalf of five accused persons, who have been convicted under S. 302 read with S. 149 of the Penal Code for committing murder of Gurbux Singh and Wasava Singh and have been sentenced to undergo rigorous imprisonments for life. They have also been convicted under S. 148 of the Penal Code and have been sentenced to undergo rigorous imprisonment for one year.

2. It is the case of the prosecution that Rulwant Kaur, the daughter of Gurbux Singh (deceased) and Raghbir Singh, son of Jarnail Singh, one of the accused fell in love with each other. As the marriage could not materialise due to opposition, two months prior to the date to occurrence, both of them committed suicide. It is said that accused Jarnail Singh and his four sons who are the other four accused had a grudge against Gurbux Singh that the later was responsible for the death of Raghbir Singh aforesaid.

3. On 25-9-1947 before noon Gurbux Singh, his elder brother Wasava Singh along with Surjit Kaur (P.W. 4) the wife of Gurbux Singh, Sukhwant Kaur (P.W. 5) the daughter of Gurbux Singh, and Surinder Singh (P.W. 6) son-in-law of Gurbux Singh were returning to their village from Sirsa in a bullock-cart after selling green fodder and making some purchases in the market. On the way they saw from the opposite side the five accused coming in a truck which stopped in front of the bullock-cart. All the five accused persons got down from the truck and raised a Lalkara "DUSHMANO KO JAN SE MAR DO JANE NA PAYEN". Accused Karma was armed with a Gandasa whereas his three brothers and Jarnail Singh were armed with lathis. Seeing the accused persons Gurbux Singh and his brother Wasava Singh got down from the bullock-cart and started running away. They were chased and the accused persons assaulted both of them with their respective weapons. Ultimately they fell down. The accused persons then raised an alarm "BAHANCHOD BACHNA JAWEN TRUCK BHE UPAR PHER DO". Thereafter, all the five accused persons boarded the truck. Accused Mohani sat at the steering wheel and drove the truck over the bodies of two victims Gurbux Singh and Wasava Singh. After the accused persons left Surjit Kaur (P.W. 4), her daughter (P.W. 5) and son-in-low (P.W. 6) went neat the victims and found them dead.

4. The First Information Report was lodged at 12.30 p.m. A copy of the said F.I.R. reached the Magistrate concerned by 2.15 p.m. The Investigating Officer reached the place of occurrence, held inquest and recorded the statement of witnesses bincluding the aforesaid Sukhwant Kaur and Surinder Singh. P.W. 2 and P.W. 3 are doctors who held the post-mortem examination of Gurbux Singh and Wasava Singh respectively the same day at 5.30 p.m. During the post-mortem examination on the persons of Gurbux Singh 13 injuries were found. Injury No. 7 was contusion 14" x 7 1/4 on the front of chest. On dissection collection of blood was found and upper seven on right side and upper eight on left side of the ribs were found to have been fractured. Both lungs were badly lacerated. Heart was also badly lacerated along with pleura. According to the opinion of the Doctor (P.W. 2), who held the post-mortem examination of the body Gurbux Singh, the aforesaid injury No. 7 could be caused by wheel of the truck passing over the portion of chest of the deceased. The Doctor (P.W. 3), who held the post-mortem examination of the dead body of Wasava Singh, found 21 injuries on his person. Injury No. 11 found on the person of Wasava Singh was reddish contusion 11" x 1 1/2 on the middle of the upper part of the chest. According to the Doctor, the said injury No. 11 could be possible by any blunt part of a truck striking against the body. During the investigation at the instance of accused Karma, the Gandasa with bloodstain was recovered and lathis were also recovered from the possession of the accused persons.

5. In view of the evidence adduced on behalf of the prosecution including that of Surjit Ka