SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The two criminal appeals Nos. 59 and 60 of 1972 are by special leave. Criminal Appeal No. 59 of 1972 is preferred by Sarwan Singh, Karnail Singh, Zora Singh and Malkiat Singh, while criminal appeal No. 60 of 1972 is by Bachan Singh against their conviction and sentence imposed on them by the trial Court and confirmed by the Punjab and Haryana High Court in Criminal Appeal No. 512 of 1970. This Court granted special leave in both cases limited to the question as to whether the offence committed by appellants was one under S. 302, I. P. C. or under any part of S. 304, I. P. C.

(2.) The facts necessary for determining what offence the accused were guilty of may be stated. Sant Singh is the father of Sarwan Singh, Bachan Singh and Mewa Singh. Sarwan Singh is the first appellant in Criminal Appeal No. 59 of 1972 and Bachan Singh is the sole appellant in Criminal Appeal No. 60 of 1972. The deceased Mewa Singh is their brother. Sarwan Singh had two sons, Zowa Singh and Karnail Singh who are appellants Nos. 3 and 2 in Criminal Appeal No. 59 of 1972. Sarwan Singh's daughter was married to Malkiat Singh who is the fourth appellant in Criminal Appeal No. 59 of 1972. Pending appeal, Sarwan Singh and Bachan Singh have died and their appeals have abated. We are therefore concerned only with Karnail Singh, Zora Singh and Malkiat Singh who are appellants Nos. 2, 3 and 4 in Criminal Appeal No. 59 of 1972.

(3.) The deceased is the brother of the two accused and paternal uncle of the two other accused. The dispute was over a common Khal of the land and a pahi. The deceased Mewa Singh put an application before the Revenue authority against the accused and the matter was pending when the occurrence took place.