BACHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - The three appellants, namely, Bachan Singh, Makhan Singh and Pal Singh who were arrayed as accused Nos. 1, 6 and 4 respectively before the trial Court have preferred this criminal appeal challenging the correctness of the judgment dated 30-11-79 made in Cr. A. No. 1291 of 1978 by the High Court of Punjab and Haryana.

(2.) Before the trial Court, these three appellants along with four others took their trial on the allegations that on 21-2-78 at about 9.00 p.m. they all formed themselves into an unlawful assembly and that in pursuance of the common object of that assembly they caused the death of the deceased Narayan Singh. The trial Court for the reasons assigned in its judgment found these three appellants and Sulakhan Singh (A5) guilty of the offence of murder and convicted and sentenced them, in that the first appellant Bachan Singh and Sulakhan Singh have been convicted under Section 302, IPC (simpliciter) and sentenced to undergo imprisonment for life in addition to pay a fine of Rs. 1,000/- each and in default to undergo RI for one year. In addition, all the appellants and Sulakhan Singh were convicted under Section 324 read with Section 34 and sentenced to one year RI with a direction that the substantive sentences should run concurrently.

(3.) The brief facts of the prosecution case are as follows: