MOHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this appeal special leave was granted only on the question of sentence as far as the appellant, Mohan Singh, is concerned. The facts relevant for determining this question are as follows.

(2.) Six accused, Karnail Singh Mohan Singh, Sarup Singh, Mangal Singh, Chanan Singh and Avtar Singh, were tried on charges under Sections 302, 302/149, 148, 324/149, Indian Penal Code, The case of the prosecution was that on June 7,1968, at 9.30 a. m. in village Chutala, one Gian Singh was murdered. Among the accused, it was alleged, Avtar Singh was armed with a gun, Karnail Singh, Chanan. Singh and Mangal Singh were armed with Kirpans, Mohan Singh was armed with a spear and Sarup Singh was armed with a Gandasi. The deceased accompanied by Gurpai Singh and his father Pritam Singh, and their brother-in-law Ajit Singh left their house for Tarn Taran. when they reached near the Haveli of the accused Mangal Singh, all the accused came out of the Haveli. Avtar Singh fired two shots from his gun as a result of which Gurpal Singh and his companions ran away. The accused, however, encircled Gian Singh, deceased, and thereupon Karnail Singh gave a kirpan blow on Gian Singh's forehead, Mohan Singh gave a spear blow on his back and Sarup Singh gave a Gandasi blow in his right shoulder near the neck. Gian Singh fell down, but Karnail Singh and Chanan Singh gave Kirpan blows on his neck on the front side. Mohan Singh gave a spear blow in his chest and Mangal Singh gave Kirpan blows on his hands. Karnail Singh Chanan Singh, Sarup Singh and Mohan Singh then started dragging Gian Singh towards the Haveli, and when Gurpal Singh went to intervene he was given a kirpan blow which he tried to ward off with the result that his right hand was injured. Gian Singh was then dragged inside the Haveli of Mangal Singh, accused.

(3.) Gian Singh had as many as 22 injuries but only one incised punctured wound on the left front chest wall which could be ascribed to a spear blow.