JAGTARSINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Jagtar Singh and Harbans Singh, the appellants herein, along with their another brother Makhan Singh and father Bhura Singh were tried by an Additional Sessions Judge of Bhatinda for committing murder and other cognate offences in furtherance of their common intention. The trial ended in conviction of Harbans Singh under Section 302, I.P.C., Jagtar Singh under Sections 307 and 326 I.P.C., Makhan Singh under Section 324, I.P.C. and Bhura Singh under Section 323, I.P.C. (two counts). Assailing their convictions they preferred an appeal before the High Court; and the respondent-State, in its turn, filed an appeal against the acquittal of Bhura Singh, Jagtar Singh and Makhan Singh of the charge of murder. One of the injured, namely, Nidharak Singh also filed a revision petition against the above acquittal. By a common judgment the High Court disposed of the appeals and the revision petition by upholding the convictions of the appellants as recorded by the trial Court, further convicting the appellant Jagtar Singh under Section 302/34, I.P.C. and Harbans Singh under Sections 307/34 and 326/34, I.P.C. and acquitting the other two accused persons. Hence this appeal.

(2.) The prosecution case briefly stated is as follows:

(3.) The accused persons pleaded not guilty to the charges levelled against them and contended that they had been falsely implicated.