SWARAN SINGH AND TWO ORS. Vs. THE STATE

JUDGEMENT

(1.) THERE are three Appellants in this appeal, viz, Swaran Singh, Alekh Narayan and Gyani Kalar. Swaran Singh has been convicted under Section 302/34, Alekh Narayan under Section 302 and Gyani Kalar under Section 302/34 of the Indian Penal Code, and all of them have been sentenced to R.I. for life by Sri R.C. Kar, Sessions Judge, in his judgment dated 27 -2 -1965 passed in Sessions Case No. 23 -B/65.

(2.) ORIGINALLY these three Appellants together with one Kaluram Agarwalla were sent up for trial to the Court of Sessions, under Sections 120 -B, 302/34 and 109, Indian Penal Code. All the accused were acquitted of the charge under Section 120 -B. Accused Kaluram Agarwalla was acquitted of all charges while the remaining three accused -Appellants were convicted and sentenced as aforesaid.

(3.) IT is the case of the prosecution that on the date of occurrence, the deceased Gopi Singh in company with his servant (p.w.1) bad come to make some purchases from the Basti at Lethore. He purchased one tin of kerosene oil and a bundle of other articles from the shop of one Bhola Marwari. After making the purchases, while he was returning home and had crossed the railway level -crossing, be was accosted by the accused persons where weekly market is held, and was assaulted by all the Appellants. It is said that Appellant -I, Swaran Singh, who was armed with a Talwar first made the attack on Gopi Singh and there -after the other two Appellants, viz., Alekh Narayan, who was armed with a spear, and Gyani Kalar who was armed with a lathi, attacked the deceased simultaneously from behind. After the deceased fell down on the ground, the Appellants continued to assault him on his head. As a result of the assaults Gopi Singh died at the spot.