JUDGMENT

Nanavati, J. - This appeal arises out of a common judgment of the Punjab and Haryana High Court in Criminal Appeal No. 778-DB of 1983 and Criminal Appeal No. 653-DBAof1984. Criminal Appeal No. 778-DB of 1983 was filed by Gurmit Singh who was convicted by the Sessions Court, Amritsar for the offence punishable under Section 302 IPC and Sections 25 and 27 of the Arms Act The other appeal was filed by the State against the order of acquittal of the three co-accused.

2. Briefly, stated the prosecution case is that on 12-7-1983 at about 7.30 P.M. when Sadhu Singh (P.W. 10) and his son Parkash Singh (P.W. 12) were returning from their field to their house, Accused Gurmit Singh, Puran Singh, Joginder Singh and Kashmir Singh met them on the way. At that time, Puran Singh was carrying a kirpan, Joginder Singh was armed with a single-barrel 12 bore gun and Kashmir Singh was carrying a gandhali. On seeing Sadhu Singh (P.W. 10) and Parkash Singh (P.W. 12) the accused started uttering abusive words. Sadhu Singh and his son requested them with folded hands not to do so but after proceeding a little ahead they told the accused that they would come back with Bawa Singh to lodge a protest. A