NANAK GHANCI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - This appeal by Nanak Chand comes by special leave against the judgment of the Punjub (1) High Court. The appellant was convicted by the High Court under S. 302, I. P. C. and the sentence of death passed on him by the Additional Sessions Judge of Jullundur was confirmed.

(2.) On the facts alleged by the prosecution there can be no doubt that Sadhu Ram was killed on 5-11-1953, at about 6-45 P.M. at the shop of Vas Dev P. W. 2. It is alleged that the appellant along with others assaulted Sadhu Ram. The appellant was armed with a takwa. Numerous injuries were found on the person of Sadhu Ram.

(3.) In the Court of Sessions the appellant along with others was charged under S. 148 and S. 302, read with S. 149, I. P. C. The Additional Sessions Judge, however, held that the charge of rioting was not proved. He accordingly found the appellant and three others guilty under S. 302, read with S. 34, I. P. C. He acquitted the other three accused.