- (1.) - The three appellants, namely, Bachan Singh, Makhan Singh and Pal Singh who were arrayed as accused Nos. 1, 6 and 4 respectively before the trial Court have preferred this criminal appeal challenging the correctness of the judgment dated 30-11-79 made in Cr. A. No. 1291 of 1978 by the High Court of Punjab and Haryana.
(2.) Before the trial Court, these three appellants along with four others took their trial on the allegations that on 21-2-78 at about 9.00 p.m. they all formed themselves into an unlawful assembly and that in pursuance of the common object of that assembly they caused the death of the deceased Narayan Singh. The trial Court for the reasons assigned in its judgment found these three appellants and Sulakhan Singh (A5) guilty of the offence of murder and convicted and sentenced them, in that the first appellant Bachan Singh and Sulakhan Singh have been convicted under Section 302, IPC (simpliciter) and sentenced to undergo imprisonment for life in addition to pay a fine of Rs. 1,000/- each and in default to undergo RI for one year. In addition, all the appellants and Sulakhan Singh were convicted under Section 324 read with Section 34 and sentenced to one year RI with a direction that the substantive sentences should run concurrently.
(3.) The brief facts of the prosecution case are as follows: The occurrence in the present case took place on 21-2-78 at about 9.00 p.m. in the area of village Mirgindpura. Sometimes before this occurrence, Puran Singh PW 5 son of the deceased Narayan Singh came running saying that Sulakhan Singh had called him by bad names. When PW 5 came close to his house he also hurled bad names on Sulakhan Singh. Within five or 10 minutes thereafter, Bachan Singh (Al), Sulakhan Singh and Makhan Singh (A6) with barchhas marked as Exs. P5, P6 and P4 respectively and Pala Singh, (A4) armed with barchhas appeared in front of the house of the deceased and they all called the deceased and his son by bad names. On hearing them PW 2 and the deceased came out of their house and told them that they have not done anything for being insulted in that manner. At this point of time, Makhan Singh raised a lalkara and instigated the accused persons not to allow anyone to escape alive. On the instigation of Makhan Singh, Bachan Singh gave a spear blow to the deceased on the left side of his chest which injury had proved fatal. The acquitted accused Sulakhan Singh gave a barchha blow hitting on the right flank of the deceased. The appellant Makhan Singh gave a barchha blow on his right leg. When PWs 2 and 3 intervened to rescue the deceased, accused Surain Singh (since acquitted) gave a spear blow to PW 3 on his left buttock. The third appellant Pala Singh gave a barchha blow to PW 3 on the index finger of his left hand. Thereafter, the acquitted accused Dara Singh gave a barchha blow to PW 2 on his left shoulder. PW 3 the daughter-in-law of the deceased raised an alarm. It is stated that the acquitted accused Bachan Singh gave a barchha blow on her right leg. The injured Narayan Singh fell down on the ground and died on the spot within a few minutes. After causing injuries to the deceased and witnesses, the accused persons took to their heels. PW 2 lodged the first information report at Bhikiwind Police Station at 6.30 a.m. on 22-2-78. On the basis of the report given by PW 2, a case was registered and the investigation proceeded with.;