- (1.) This is an appeal with special leave by Pritam Singh, son of Surain Singh, hereinafter called Pritam Singh Fatchpuri, and Pritam Singh, son of Ladha Singh, hereinafter called Pritam Singh Lohara, against their conviction and the sentence of death passed upon them by the learned Additional Sessions Judge, Amritsar, and confirmed by the High Court of Punjab at Simla.
(2.) Both the appellants were charged that they, along with Kartar Singh alias Mal and Gurdial Singh alias Karnail Singh absconding, on 2-5-1953, in furtherance of the common intention of them all committed the murders of Chanan Singh Orara and Sardul Singh by shooting them with firearms.
(3.) The story unfolded in the evidence led by the prosecution was that, at about 6 p. m. on 2-5-1953. Pritam Singh Lohara and Kartar Singh got into Lorry No. P. N. A. - 2404 at the bus stand at Amritsar. Chanan Singh Orara and his nephew Sardul Singh also traveled in this lorry. Pritam Singh Fatchpuri and Gurdial Singh got into the lorry on the way and seated themselves with Pritam Singh Lohara and Kartar Singh in the seats which had been already reserved for them by the latter. When the lorry neared the village Bohoru, the driver stopped the lorry on being asked to do so and the two Pritam Singh's and both the absconders got down form the lorry. Pritam Singh Fatchpuri and Gurdial Singh stood on the right flank of the lorry nearest to the seat on which Chanan Singh was sitting on the front-row of seats just behind the driver while Pritam Singh Lohara and Kartar Singh went over the left flank next to Sardual Singh. All the four whipped out small firearms. Pritam Singh Fatchpuri and Gurdial Singh fired at Chanan Singh while Pritam Singh Lohara and Kartar Singh fired at Sardual Singh with their respective firearms and both the victims died on the spot. Sardual Singh had a rifle, Ex. P-14 with him which was a licenced one and belonged to Chanan Singh Orara who had given it over to Sardual Singh for carrying it on the journey. Pritam Singh Fatchpuri caught hold of this rifle, Chanan Singh Orara had a licenced revolver Ex. P-56 hung round his neck and Pritam Singh Lohara removed this revolver. All the four culprits then ran away towards the canal side. They met four cyclists on the way and relieved them of their cycles in order to hasten their retreat form the spot. The culprits subsequently abandoned these cycles at odd places and made themselves scarce.;