R.S. BACHAWAT, J.

(1) JOGINDER Singh, Harwant Singh, Jagjit Singh, Copal Singh, Harnam Singh, Piara Singh, Kulwant Singh and Anokh Singh were charged with offences under Section 148 and Section 302 read with Section 149 and Section 325 read with Section 149 of the Indian Penal Code for the offence of rioting and murdering Arur Singh and Man Singh and causing grievous hurt to Nishan Singh. The first six accused persons are sons of Nishal. Kulwant Singh is Gopal Singhs son. Anokh is Gopals son-in-law. The Sessions Judge, Ambala, acquitted them of all the charges. The State filed an appeal. The High court convicted Joginder, Harwant, Kulwant and Piara under Section 302 read with Section 34 of the Indian Penal Code for the murder of Arur Singh and sentenced them to imprison- ment for life. The High court also convicted all the four accused under Section 325 read with Section 34 of the Indian Penal Code for causing grievous hurt to Nishan Singh and sentenced each of them to three years rigorous imprisonment and a fine of Rs. 50.00 or in default to suffer one months further rigorous imprisonment, the sentence on both counts to run concurrently. The High court affirmed the order of acquittal of Harnam, Gopal, Jagjit and Anokh.

(2) THE prosecution case is that on 6/11/1963 eight persons of village Panori and eight persons of village Gharaunda ploughed the field ofPW4 Jagjit Singh son of Teja Singh between 7 a.m. to 1. 30 p. m., took their meals at Jagjits house and after finishing their meals 5 persons of village Panori and 3 persons of village Gharaunda left for their respective homes. At about 4 p. m. Arur, Man, Nishan, Gurbachan and Mohinder of Gharaunda village came out of Public Witness 4 Jagjits house for going to their village and were accompanied by Public Witness 4 Jagjit, Jaswant and Ram Chandra of village Panori. Near Harnam Singhs well which is about 50 paces away from Public Witness 4 Jagjit Singhs house they were attacked by Kulwant carrying a kripan, Joginder carrying a kripan, Harwant carrying a spear, Jagjit carrying a spear, Gopal carrying a lathi, Harnam carrying a spear, Piara carrying a gandasa and Anokh carrying a kripan. Gopal gave a Lalkara. Harwant and Jagjit struck Arur on his abdomen and chest with their spears. Joginder and Kulwant then hit Arur with their kripans and Arur died immediately. Harnam gave a blow of spear thrust at the chest of Man Singh. On the receipt of the blow Man came running inside the main gate of PW 4 Jagjits house and on reching there fell to the ground and died. Piara hit Nishan on the head with the wrong end of the Gandasa and Anokh gave a kripan blow on Nishans back. Kulwant gave a kripan blow on Jaswants abdomen. In self-defence Nishan wielded a lathi and struck Harwant and Piara. As accused Joginder, Jagjit and Kulwant remained near the well with the weapons in their hands, none of the prosecution witnesses dared to go to the police station for lodging a report.

(3) AT about 4.55 p. m. accused Harnam gave a report at police station Gharaunda that several persons of villages Panori and Gharaunda having taken liquor were growling and making noises in the street of village Panori and were abusing the villagers in the names of their daughters and wives. Ram Labhaya, Muharrir head constable, recorded the report. On receipt of the report Joginder Singh, head constable left for village Panori. On reaching the village at about 6.15 p.m. Joginder Singh, head constable recorded the statement of Public Witness 4 Jagjit, and on the basis of this statement, the first information report was lodged at the police station at 8.30 p. m.

(4) THE decfence version was that the members of the prosecution party get dead drunk and went about the village up turning bullock carts, challen- ging the in mates of the houses and posing a danger to the honour of their women folk. In his examination under Section 342 Harnam said that on being informed about a row in the village while