Judgement

DUTT, J. :- This appeal is directed against the judgment of the Punjab and Haryana High Court whereby the High Court affirmed the order of the learned Additional Sessions Judge, Gurdaspur, convicting the appellants under sections 148, 302/149, IPC and sentencing each of them to undergo a rigorous imprisonment for one year under Section 148, IPC and life imprisonment under sections 302/149, IPC and to pay a fine of Rs. 1,000/- each.

Initially there were seven accused including the appellants. The learned Additional Sessions Judge, however, acquitted two of them, namely, Amar Singh and Rattan Singh, both sons of Isher Das, by giving them the benefit of doubt. Of the remaining five accused, the High Court acquitted Bachan Singh and, as stated already, upheld the convictions and sentences of the appellants.

2. The prosecution case is that on July 18, 1972, Murta Singh and his brother Piara Singh deceased were working in their fields. In the evening their mother, Smt. Veero (P.W. 5), had brought tea for them. At about 6.00 p.m. P.W. 4 Murta Singh, Piara Singh deceased and their mother, Smt. Veero (P.W. 5), left the fields for their house. They were going towards their village on canal minor bundh when, all of a sudden, appellant No. 2 Lakha Singh and appellant No. 1 Amar Singh, both sons of Babhan Singh and armed with a Barchi (a dagger) and a Sua (a piercing weapon) respectively, appellant No. 3 Harbhajan Singh armed with a Kulhari (axe), appellant No. 4 Amrik Singh armed with a Dang (a cudge) and Amar Singh and Rattan Singh, the acquitted accused, both sons of Isher Das armed with a Kirpan and a Sua respectively, emerged out of the bushes growing by the side of the canal minor and raised a Lalkara that they be caught hold of and not allowed to escape alive. Thereupon, the appellants, other than. Bachan Singh, ran towards them to attack them. P.W. 4 Murta Singh and Piara Singh deceased tried to run away in different directions to save themselves. The latter ran towards his village and Murta Singh ran towards village Dehriwal. Smt. Veero (P.W. 5), their mother, was raising Raula. Amar Singh and Rattan Singh. the two acquitted accused. ran after P.W. 4 Murta Singh for a few paces and then gave up the chase. They then joined the appellants, who were chasing Piara Singh deceased. P.W. 4 Muria Singh then stopped for a while, hid himself in the bushes and saw the accused persons, other than Bachan Singh, running after Piara Singh deceased. After a while he went to his house where his mother met him weeping. She told him that the accused pet-sons, other than Bachan Singh, and Amar Singh and Rattan Singh, the two acquitted accused, had taken Piara Singh deceased after inflicting injuries on him towards the house of Bachan Singh where he had been killed. She also told him that Bachan Singh, who was present in his house, was raising Lalkaras that Piara Singh be killed. At that time, he was armed with a Dang. P.W. 6 Anokh Singh also witnessed this part of the occurrence. Smt. Veero (P.W. 5) asked Murta Singh to run away towards the fields to save his life. Thereupon. Murta Singh again went away to the fields. His brother, Surta Singh, came there. He narrated the whole occurrence to the latter and both of them went to the Police Station, Kalanaur, to lodge the First Information Report.

3. After recording the First Information Report P.W. 10 Jagir Singh, the Sub-Inspector of Police proceeded to the place of occurrence for conducting an investigation into the matter. On reaching there at 3.00 a.m. he immediately rushed to the house of Bachan Singh and recovered the dead body of Piara Singh deceased.

4. The post-mortem examination on the dead body of Piara Singh deceased was conducted by Dr. D. K. Verma (P.W. 2) on July 19, 1972. He found the following injuries on the body of the deceased :-

1. Contusions 4 in number each 1" X 1 in dimension on the face, right side of forehead and neck. Colour reddish blue and fracture of the underlying