DALBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This appeal has been preferred by the appellants by leave granted by this Court against their conviction under S. 302 read with S. 149 and sentence of imprisonment of life and fine of Rs. 2,000/- in default one year's rigorous imprisonment and u/s. 148 a sentence of one year's rigorous imprisonment to each one of the appellants awarded by Additional Sessions Judge, Amritsar by his judgment dated 14th March 1975 and maintained on appeal by the High Court of Punjab and Haryana by their judgment dated 11th May 1978.

(2.) The prosecution case at the trial was that on 30th May 1974 Hansraj and Makhan Singh (deceased) were going in a rickshaw to the house of Hans Raj situated in Model Town, Chheharta with a bag of wheat. They had come from village Muradpura. When they reached near the gate of Guru Nanak University, Amritsar at about 2.30 p.m. all the five appellants Dalbir Singh alias Bhira, Balvinder Singh, Joginder Singh, Mohinder Singh and Karma waylaid them. At that time Dalbir Singh and Joginder Singh were armed with Kirpan, Balvinder Singh and Mohinder Singh were armed with gandassis and Karma was armed with a sua. They challenged (lalkara) the deceased and on this Hans Raj and Makhan Singh tried to run away, Joginder Singh and Mohinder Singh appellants caused injuries to Makhan Singh with their respective weapons and Bhira, Balvinder Singh and Karma appellants caused injuries to Hans Raj, with their respective weapons. This was witnessed by Joginder Singh, P.W. 3 who was going from village Muradpur to Basarke Gill on a bicycle and was behind the rickshaw of Hans Raj and Makhan Singh and also by Bakhshish Singh, who was also coming in a rickshaw behind the rickshaw of Hans Raj and Makhan Singh.

(3.) A.S.I. Satya Pal, P.W. 11, who was returning from Kot Khalsa to Police Station Sadar, Amritsar after the investigation of a theft case, met A.S.I. Jagan Nath, P.W. 12 at about 2.35 p.m. on Surta Singh Road. Jagan Nath was going to Police Post Chheharta after doing pairvi of the cases pending in the District Courts.