I. S. Tiwana and J JJ.

1. This appeal is by Gurdip Singh who has been convicted under sec. 307 of the Indian Penal Code and sections 25/27 of the Arms Act, by the Sessions Judge, Kamal. Though he was initially tried along with five others for offences under sections 307/ 149/ 447/ 148, Indian Penal Code, and for the offences under the Arms Act yet stands acquitted of the charges under secs. 148 and 447, Indian Penal Code. Sec.149 of the Indian Penal Code was obviously held to be not applicable to the facts of the case in view of the acquittal of the other five accused.

2. What was alleged against the appellant by the prosecution was that on 22-7-1984 at about 6-00 p. m. , he along with his co-accused came to the field of Jarnail Singh, father of injured P. W.7 Joga Singh, in the area of village Ruksana. They also brought two tractors driven by Baldev Singh and Gurbaz Singh. At that time, the appellant was armed with a.12 bore gun, Exhibit P.4, and the other accused too were armed with weapons such as gandasis and lathis. When Baldev Singh and Gurbaz Singh started ploughing the land, Kamir Singh, injured P. W.6, asked Iqbal Singh, one of the accused, as to why they were plou