SHAM SUNDER, J. - (1.)THIS appeal is directed against the judgment of conviction, and the order of sentence, dated 25.11.99, rendered by the Court of Sessions Judge, Faridkot, vide which, it convicted the accused (now appellants), for the offences, punishable under Sections 148, 201, 302, 302 read with Section 149 of the Indian Penal Code, and 27 of the Arms Act, and sentenced them, as under : - Names of the accused (now appellants) Offence for which convicted Sentence awarded 1 2 3
(a) Balwinder Singh (i) Under Section 148 of the Indian Penal Code. To undergo rigorous imprisonment for a period of two years each. (b) Charan Singh (c) Gurmail Singh (d) Ajaib Singh (e) Kalu Singh (f) Udhey Singh (g) Gurtej Singh

(a) Balwinder Singh (ii) Under Section 302 of the Indian Penal Code. To undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/ - each. In deafult of payment of fine, to further undergo rigorous imprisonment for a period of one year. (b) Charan Singh (c) Gurmail Singh (d) Ajaib Singh

(a) Kalu Singh (iii) Under Section 302 read with Section 149 of the Indian Penal Code To under rigorous imprisonment for life and to pay a fine of Rs. 5000/ - each In default of payment of fine to further undergo rigorous imprisonment for a period of one year. (b) Udhey Singh (c) Gurtej Singh

(a) Kalu Singh (iv) Under Section 201 of the Indian Penal Code. To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/ - each In default of payment of fine, to further undergo rigorous imprisonment for a period of three months. (b) Udhey Singh (c) Gurtej Singh

(a) Balwinder Singh (v) Under Section 201 read with Section 149 of the Indian Penal Code. To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/ - each. In default of payment of fine, to further undergo rigorous imprisonment for a period of three months. (b) Charan Singh (c) Ajaib Singh (d) Gurmail Singh

(a) Balwinder Singh (vi) Under Section 27 of the Arms Act. To undergo rigorous imprisonment for a period of three years and to pay a fine of Rs. 1000/ - each. In default of payment of fine (b) Charan Singh (c) Ajaib Singh (d) Gurmail Singh

(2.)All the substantive sentences were ordered to run concurrently.
The case of the prosecution, as summarized, proceeded in the manner that Santokh Singh, complainant, was a resident of village Jita Singh Wala. He was having three daughters and two sons. All were married. He was not keeping good health. On account of that reason, his daughter Joginder Kaur, from village Raunta and his son Nirbhai Singh, from Nader Sahib (Maharashtra), had come to see him. On 31.08.1991, at about 5.30 PM, the complainant alongwith his daughter Joginder Kaur, was present in his outer house. Sound of firing was heard, by his daughter, from the side of well. Both the complainant and Joginder Kaur, came out of the outer house and saw Nirbhai Singh, aforesaid (since deceased), came running, from the side of his house. Accused Balwinder Singh, Charan Singh, Gurmail Singh and Ajaib Singh, duly armed with double barrel 12 bore guns, were following Nirbhai Singh (now deceased). Accused Balwinder Singh, fired a shot, with his gun towards Nirbhai Singh, thereby hitting him, on the back side of his neck. Accused Charan Singh, also fired a shot, from his gun, which hit Nirbhai Singh son of the complainant, on the left side of abdomen. Due to the receipt of two gun shot injuries, the deceased fell down. Then Gurmail Singh, accused fired a shot, which hit Nirbhai Singh, on his left shoulder. He also fired another shot, which hit the deceased, on the left side of his neck. Accused Ajaib Singh, fired a shot, which hit the deceased, near his right thigh. Upon this, the complainant and his daughter raised alarm. Udhey Singh and Kalu Singh, accused, came with cans, in their hands, and sprinkled kerosene on Nirbhai Singh, while Gurtej Singh, accused, ignited a match stick, and threw it on him. After that, on raising alarm, the accused ran away, from the spot, with their respective weapons and other articles. Nirbhai Singh, son of the complainant died at the spot. After leaving his daughter Joginder Kaur, to guard the dead -body of Nirbhai Singh, Santokh Singh, complainant, went to his son -in -law, in village Wander, wherefrom, he and Makhan Singh, started to inform the Police. The statement of Santokh Singh, complainant, was recorded by the Police, containing the aforesaid facts.

(3.)THE motive for causing the murder of Nirbhai Singh, son of the complainant, was to the effect, that earlier, the dead -body of the nephew of Gurmail Singh, one of the accused, was thrown, in the fields of the complainant, by someone. Accused Gurmail Singh, had a suspicion, against Jagroop Singh, son of the complainant, Bikkar Singh and Jagsir Singh, that they might have killed his nephew, and thrown the dead -body, in the fields of the complainant. Gurmail Singh, accused, lodged a report in the Police Station, against Jagroop Singh, Bikkar Singh and Jagsir Singh, for the murder of his nephew. It was further stated that, on account of that reason, the accused connived to kill Nirbhai Singh, as they were thinking that the deceased would pursue the case of Jagroop Singh, Bikkar Singh and Jagsir Singh.