HIGH COURT OF HIMACHAL PRADESH
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(1.) THIS order disposes of Cri, Apps. NOS. 624 and 684 of 1948.
(2.) BACHAN Singh, Piara Singh and Ram Singh have been convicted under Section 393, Penal Code, and each of them baa been sentenced to three years' rigorous imprisonment. Bam Singh and Piara Singh appeal from their convictions and sentences.
(3.) THE facts so far as material are given in the evidence of Gurbachan Singh p. W. 3. Shortly stated, the facts are that Gurbachan Singh approver p. W. 8 was called to village Lambi Dhab by Bachan Singh accused. He went there and on going to Lambi Dhab, he met Ram Singh and Piara Singh who were staying at the time with the said Bachan Singh. At the house of Bachan Singh all of them conspired to commit robbery and in pursuance of that conspiracy they left for village Mansingh Wala on 17-10-1947 to commit robbery in the house of Ajmer Singh p. w. 1. They were lost in the way during that night and on the next morning they reached village Kanewali where they remained daring that day. Late in the afternoon of 18-10-1947 they left village Kanewali for village Mansingh Wala, situate at a distance of a kos from village Kanewali. Beaching Mantingh-Wala they went to the house of Ajmer Singh and found Sadhu Singh p. w. 2 sitting outside the house along with two or three other persons. The case states that on a signal given by Bachan Singh, Bam Singh, Piara Singh and Gurbachan Singh took hold of Sadhu Singh and asked him to lead to his house. In the meanwhile, Ajmer Singh came from his house and protested against the treatment meted out to his son Sadhu Singh. Aimer Singh further said that they had come from the West Punjab and had nothing with them. Sadhu Singh was then let off by the culprits who slipped inside bis house and on account of fear taking the other members of his family with him he concealed himself. On the protest of Ajmer Singb, be too was let off but Bam Singh appellant along with Bachan Singh accused went inside the house of Ajmer Singh and fired shots from that house, but they did not find anything inside that house. Just then, firing began from other houses, and thereupon, the accused took to their heels and returned to village Kanewali. The approver continues to state that Bachan Singh was reprimanded by his companions for taking them to the house of Ajmer Singh where nothing could be found whereupon Bachan Singh suggested that they should proceed to the house of Sardara Singh of village Gulabe Wala who possessed large amount of cash and gold. The party then proceeded to village Gulabe Wala. Beaching Gulabe Wala Bachan Singh who was armed with a 19 bore double barrelled gun entered the house of Sardara Singh at about 10. 30 P. M. along with Gurbachan Singh approver. Bam Singh and Piara Singh stayed outside the house. Bachan Singh then fired a shot with his gun hitting Sardara Singh in his chest, but then firing began in that village from neighbouring houses and the culprits took to their heels from that village and proceeded towards village Lambi Dhab.;
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