HARCHANDA Vs. REX

JUDGEMENT

(1.) Harchanda and Babu appeal against their conviction under Section 302, read with Section 34, Penal Code.

(2.) Five other persons tried with these two appellants were acquitted by the Sessions Judge.

(3.) The prosecution casa is that Atar Singh deceased asked Babu and Gopi to remove the earth which had been placed by them in order to construct a small platform or step to climb up the main platform, as this collected earth obstructed the passage. Harchanda and four other persons, all relations, arrived on the spot. Atar Singh spread over the earth, This led to exchange of abuses. The seven persons then went inside their house and returned armed and attacked Atar Singh with a spear, kirpan and lathis. The two appellants and three other persons are said to have been armed with lathis, Durga Das with a spear and Sukhbir with a kirpan.