V.K.Bali, J.

1. Joginder Singh, Resharn Singh and Surjit Singh are three sons of Mohan Singh. Whereas, Jaspal Singh, Harjit Singh, both sons of Joginder Singh, Santokh Singh son of Resham Singh along with one Gurbax Singh son of Gurcharan Singh are the appellants, Surjit Singh suffered injuries, whereas, Gurnam Singh, as per prosecution version, scummbed to the injuries caused to him by the appellants. The occurrence is stated to have been witnessed by Surjit Singh and his two other sons, namely, Kuldip Singh and Hardial Singh. Even though, Hardial Singh was not examined during the course of trial, Kuldip Singh and Surjit Singh, who were examined as PW-8 and PW-9, respectively, have supported the prosecution version.

2. The appellants, named above, have since been held guilty for causing death of Gurnam Singh and injuring Surjit Singh. Whereas, all the appellants have been held guilty for offence under Section 302 read with Section 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for life as also to pay fine of Rs. 1,000/- each and in default of payment of fine, to further undergo rigorous imprisonment for a period of three months, Santokh Singh has been held guilty for offence under Section 308 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years, Jaspal Singh, Harjit Singh and Gurbax Singh have been held guilty under Section 308 with the aid of Section 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of two years. Harjit Singh has also been held guilty under Section 323 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months, whereas, Jaspal Singh, Santokh Singh and Gurbax Singh have been held under Section 323 of Indian Penal Code guilty under Section 323 of Indian Penal Code with the aid of Section 34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of six months. All the sentences have, however, been ordered to run concurrently.

3. The occurrence leading to death of Gurnam Singh is stated to have taken place at 3.35 PM on 8.12.1999 at Sabzi Mandi Chowk near Delux Doaba Tempo Union, 200 metres from Police Division No. 2, Jalandhar. The occurrence was reported to the police when Kuldip Singh, PW-8, brother of deceased, got his statement, Ex.PN, recorded on the next date at 4.30 PM at Kapurthala Chowk, which was scribed by ASI Paramjit Singh, PW-11. It was on the basis of statement of Kuldip Singh that formal FIR, Ex. PK, first came to be recorded under Sections 308 and 323 read with Section 34 of Indian Penal Code. Section 307 of Indian Penal Code was added on 15.12.1999, whereas, Section 302 of Indian Penal Code was added on 17.12.1999 as it was on that date that Gurnam Singh died in the hospital where he was admitted for his medical treatment. Special report with regard to the incident had, however, been sent to the concerned Magistrate through Constable Tarsem Singh, PW-11, on the day of occurrence at 4.45 PM. As mentioned above, the two eye witnesses to the occurrence are Kuldip Singh, brother of the deceased, and his father Surjit Singh, the later, as per prosecution case, also received injuries in the very occurrence, leading to the death of Gurnam Singh.

4. While unfolding the prosecution version, Kuldip Singh, while lodging FIR, stated that he was doing the business of ice. Their one four wheeler Tata 407 bearing No. PB-03-8482 and another four wheeler Tata 407 bearing No. PB-08-Y-8482 had been plying for the last about four years and one year, respectively and were registered with Delux Doaba Tempo Union near Sabzi Mandi crossing, Jalandhar. Jaspal Singh son of Joginder Singh was President of Delux Doaba Tempo Union, who was their cousin. Jaspal Singh was having a suspicion that both the aforesaid vehicles were begin plied independently besides the turn of Delux Doaba Tempo Union. For this reason, Jaspal Singh struck off numbers of both the