GURNAM SINGH,J. - (1.) THIS appeal is directed against the judgment of the learned Additional Sessions Judge, Gurdaspur, dated 18-9-1972 vide which Pritam Singh son of Hari Singh, Shamir Singh and Amar Singh sons of Pritam Singh, Puran Singh son of Kartar Singh and Jagir Singh son of Soihan Singh residents of village Nathewal, have been convicted under Section 148, Indian Penal Code and sentenced to undergo rigorous imprisonment for one year each. Amar Singh and Shamir Singh have further been convicted under Section 302, Indian Penal Code, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000.00 or, in default, to further undergo rigorous imprisonment for one year each. Pritam Singh, Jagir Singh and Puran Singh have been convicted under Section 302 read with Section 149, Indian Penal Code, and sentenced to imprisonment for life and a fine of Rs. 1,000.00, or, in default of payment of fine to further undergo rigorous imprisonment for one year each. Jagir Singh has further been convicted under Section 325, Indian Penal Code, for causing grievous injury to Darshan Singh, P. W and his co-accused Pritam Singh, Shamir Singh, Amar Singh and Puran Singh have been convicted under Section 325 read with Section 149, Indian Penal Code, and all of them have been sentenced to undergo rigorous imprisonment for three years and a fine of Rs. 200.00, or, in default, to further undergo rigorous imprisonment for four months each, Shamir Singh was also convicted under Section 321, Indian Penal Code, for the injury of Darshan Singh while his co-accused Jagir Singh, Amar Singh, Puran Singh and Pritam Singh were convicted under Section 324 read with Section 149, Indian Penal Code, and all of them were sentenced to undergo rigorous imprisonment for one year each. All the sentences were ordered to run concurrently. Kartar Singh, the co-accused of the appellants was acquitted of all the charges.
(2.) THE prosecution story, briefly stated, is that on 25-1-1972 at evening time, Pritam Singh accused and his sons Shamir Singh and Amar Singh raised changars in front of the house of Tarlok Singh. Tarlok Singh asked them not to do so and they went away raising changars and abusing Tarlok Singh. On the following day Tarlok Singh collected a Panchayat in the village in which Surat Singh, Balwinder Singh and Mukhtiar Singh were present. The Panchayat also called Pritam Singh, Pritam Singh denied the allegations made against him and his sons by Tarlok Singh, upon which he and Tarlok Singh exchanged hot words, but they were separated by the persons present there. On 27-1-1972 Joginder Singh, brother-in-law of Frithpal Singh, P. W. , Gursharan Singh and Tarlok Singh deceased, had come to the house of Gursharan Singh to enquire about his children as he (Gursharan Singh) was employed in the army. Prithpal Singh and Tarlok Singh deceased went to the house of Gursharan Singh to meet Joginder Singh. Because Gursharan Singh was not present at the house, so Prithpal Singh asked Joginder Singh to come to his house. At about 8. 30 P. M. Prithpal Singh, Joginder Singh and Tarlok Singh deceased came out of fhe house of Gursharan Singh. Tarlok Singh was ahead of them. At that time Pritam Singh Sarpanch armed with a kirpan, his sons Shamir Singh and Amar Singh armed with a sua and dang, respectively, Jagir Singh armed with a takwa and Kartar Singh and Puran Singh armed with dangs, who were hiding themselves on the back side of the house of Swinder Singh came there and attacked Tarlok Singh. Shamir Singh gave a spear blow to Tarlok Singh which hit in the left side of his abdomen. When Tarlok Singh was falling, Pritam Singh gave a kirpan blow on the back of his right hand. Jagir Singh gave a takwa blow which hit on his left chest. Amar Singh alias Amba gave a dang blow hitting on his head and Kartar Singh and Puran Singh raised Lalkaras that Tarlok Singh should be killed. On the alarm raised by Tarlok Singh, Joginder Singh and Prithpal Singh, all the accused fled away with their respective weapons. It is further urged that when the accused were running away, Darshan Singh son of Bal Singh resident of village Basserpura, met them and enquired from them as to why they were going running and on that Jagir Singh and Shamir Singh caused him injuries.
(3.) PRITHPAL Singh and Joginder Singh put Tarlok Singh on a cot. They then went into the village to make some arrangement of some conveyance for taking Tarlok Singh to the hospital but no arrangement could be made and, therefore, Tarlok Singh was taken to Civil Hospital Batala, on a cot by Prithpal Singh, Anup Singh, Mohinder Singh and Kulwant Singh. They reached Civil Hospital, Batala, at about 10. 30 P. M. Tarlok Singh was examined by Dr. Mrs. Balwant Kaur Bedi at 10. 35 P. M. and the following injuries were found on his person: 1. A contused wound 111/2 cm. XI cm. Xbone deep oblique on the left fronto-parietal region 7 cm. away from left ear. The wound was bleeding. X-ray was advised. 2. An oblique incised wound 7|cmx 1 cm. X bone cut underneath on the back of right hand starting from metacarpo phalangeal joint of right middle finger going towards first phalanx of right ring finger cutting it. Wound was bleeding. 3. A stab incised wound 31/2 cm. X 1 cm. oblique on the left side of abdomen 10 cm. away from umbilicus. There was a corresponding cut in the shirt. 4. An abrasion 1/4cm. X 1/2 cm. X 31/2 cm. away from umbilicus on the left side. ;