JUDGMENT

Addison, J. - The communal riots in Lahore City originated on the evening of 3rd May last when four Mussalmans were killed and others injured by a mob of Sikhs and Hindus in Haveli Kabli Mal. Next day there was a big funeral procession which caused further ill-will. As a result the same evening between 7 or 8 o'clock a number of Sikhs and Hindus were attacked in the Delhi Gate Bazar and three persons were killed at that place. These assaults took place within a short time of each other. This appeal is concerned with the assault in which Makhan Lal was killed and his brother, Atma Ram severely injured. The six appellants are Natha Changar, Gaman, Fajia, Mahandu Toti and Mitta. They were found guilty of rioting under Section 147, I.P.C., and sentenced to one year's rigorous imprisonment each. They were convicted under Section 326 read with Section 149, I.P.C., in connexion with the death of Makhan Lal and sentenced to seven years' rigorous imprisonment and a fine of Rs. 100 each while they were also convicted under Section 324 read with Section 149, I.P.C., in connexion with the injuries caused to Atma Ram, and sentenced to one year's rigorous imprisonment together with a tine of Rs. 50 each. The sentences of imprisonment were directed to run concurrently. It must also be noted that the same appellants were convicted under Sections 147 and Section 326/149, I.P.C., in connexion with an assault which took place immediately after and in which one Sharm Singh was killed, In that case they were given the same sentences, which, however, were ordered to run concurrently with the sentences in Makhan Lal and Atma Ram's case on the ground that the two assaults formed part of the same transaction. In this way, the appellants have only been sentenced to seven years' rigorous imprisonment in the two cases.

2. It has been clearly established that the deceased Makhan Lal and his brother Atma Ram got into the back seat of a tonga at the railway station. The Mahomedans were in the front seat. When the tonga had gone through the Delhi Gate into the old city, the tonga was surrounded by a gang of Mahomedans. The front seat passengers were allowed to go as they were of the same religion. The driver was beaten but left alone when it was seen that he was a Mahomedan. The two Hindus were, however, attacked. Makhan Lal jumped into the front seat as he was being beaten. He was there stabbed in the back of the neck. According to the medical evidence the sharp weapon used to inflict this injury cut right through the trachea and esophagus and death must have been instantaneous. As the wound started at the back of the neck, it was a deep one. There was one other injury on the deceased, namely, a vertical incised would, 1¼ inches long on the back of his head. This might have been caused by a shovel as alleged by some of the witnesses. Atma Ram had a contused wound in the vertex of his head, an incised wound on the left parietal region and a punctured wound on the left side of the abdomen. The doctor was so busy attending to other injured persons that he did not look for other injuries.

3. The tonga was led outside the Delhi Gate by one or two constables who arrived on the scene and from there the driver was directed to lead it to the kotwali. Every body was very busy there also. As Atma Ram, was only injured he was sent at once to the hospital, while the dead body of Makhan Lal remained lying in the tonga till approximately 9-30 p.m. when a Sub-Inspector of Police questioned the tonga driver and prepared the inquest report. It was not possible for the police to start the investigation of the case till 10th May when things had quieted down a little and some degree of confidence had been restored. This explains why no relative went specially to report this or the other crimes and why no witnesses went to give information. Conditions were abnormal, people were thinking only of their own safety and the city was in a state of terror. Besides, it was known t