JUDGMENT

S.B. SINHA, J :

1. These Appeals arising out of a common judgment.

2. We would, at the outset, place on record that three trials were held one after the other and the judgments therein were delivered also one after the other in relation to an incident which took place one after the other but wherefor only one First Information Report had been lodged.

3. On or about 30th June, 1999 at 2.30 p.m., Rachhpal Singh along with Sawinder Singh and Hardev Singh had an altercation with one Resham Singh S/o Subeg Singh. Rachhpal Singh inflicted a knife injury on the right wrist and chest of Resham Singh. He picked up the knife from which was with Pargat Singh II S/o Shangara Singh who was accompanying him. Resham Singh fell down. Hardev Singh and Sawinder Singh also allegedly inflicted `dang blows on Resham Singh. An alarm was raised by Resham Singhs father Subeg Singh. Resham Singh died on the spot. The said incident is the subject matter of Criminal Appeal No. 326 of 2007.

4. As an off shoot to the murder of the said Resham Singh for which the said Rachhpal Singh was tried and convicted, another incident took place on the same day. Hardev Singh, Dilbagh Singh and Baljit Singh were in their house when Savinder Singh came there armed with a gandasi and started hurling abuses on them. It was objected to by Dilbagh Singh. Sawinder Singh inflicted a gandasi blow on the head of Dilbagh Singh, who purportedly in exercise of his right of private defence inflicted a blow on Sawinder Singh. Pargat Singh -II s/o of Shangara Singh who was a witness to the murder of Resham Singh arrived there with his brother Mehal Singh. Whereas Pargat Singh -II was armed with a rifle, Mehal Singh came empty handed. Baljit Singh allegedly climbed on the roof of a nearby Gurudwara and started hurling brickbats. A exhortation was given by Mehal Singh asking Pargat Singh-II to shoot Baljit Singh whereupon a shot was fired by him hitting the left shoulder of Baljit Singh.

5. He was brought to his house in an injured condition. Mehal Singh and Pargat Singh-II are said to have run away from the said place of occurrence.

6. The third incident took place when brother of Baljit Singh, Hardev Singh and Dilbagh Singh (PW 4) after arranging a tractor trolley were proceeding with the injured persons to Amritsar. The tractor was being driven by Hardev Singh. When they were passing through Jasraur and reached near the house of one Karaj Singh, Pargat Singh-I s/o of Subeg Singh, the appellant in Criminal Appeal No. 467 of 2007, and Nishan Singh, the appellant in Criminal Appeal No. 325 of 2007, arrived. They were accompanied by Major Singh. Nishan Singh is said to have been armed with a .12 bore gun.

7. Pargat Singh-I exhorted that as Hardev Singh had murdered his brother Resham Singh, he should not be allowed to go alive. Nishan Singh fired a shot from his gun which hit Hardev Singh on his left ear as a result whereof the tractor went out of control and dashed against the house of Jagtar Singh. Hardev Singh died on the spot. More shots were fired as a result whereof Sudagar Singh, Chowkidar, and another person of Sheikh Bhatti were injured. Baljit Singh, Dilbagh Singh and the chowkidar were taken by Swaran Singh to Guru Nanak Dev Hospital in a mini Bus. A First Information Report was recorded by the sub inspector Ajit Singh PW 11.

8. Nishan Singh was charged for commission of an offence under Section 302 and 307 of IPC; whereas Pargat Singh-I was charged under Section 307 and 302/34 IPC. Major Singh was charged for commission of alleged offence under section 302 read with Section 34 of the Indian Penal Code.

9. Whereas Nishan Singh was acquitted of the charges under Section 307 IPC, he was convicted for commission of the offence under Section 302 of the Indian Penal Code. Pargat Singh-II was convicted for commission of the offence under Section 302/34 and acquitted for commission of offence under Section 307 IPC. Major Singh was acquitted of the charges framed against him.