ATMA SINGH HAZARA SINGH Vs. STATE

JUDGEMENT

(1.) In Criminal Trial No. 8 of 1953 Atma Singh, Udham Singh, Bachan Singh, Niranjan ingh, Sohan Singh and Dalip Singh were prosecuted for having committed the murder of Tara Singh on 11-11-1951, at Village Butt, District Amritsar. In that trial the learned Additional Sessions Judge has given benefit of the doubt to Bachan Singh, Sohan Singh, Niranjan Singh and Dalip Singh and acquitted them. Atma Singh and Udham Singh have been convicted under Section 302 read with Section 149 and Section 148, Penal Code, hereinafter referred to as the Code, and sentenced to transportation lor life under Section 302 and to one year's rigorous imprisonment under Section 148 of the Code, sentences to run concurrently. Atma Singh and Udham Singh appeal.

(2.) Briefly summarised the facts of the case are these: On the night between the 10th and 11th of November, 1951, Harnam Singh P. W. 2 and Tara Singh worked Sundersinghwala well. Mohan Singh P. W. 3 came to that well on the morning of 11-11-1951 and asked Tara Singh to lend a plough as his own had broken. Tara Singh told him that the plough was lying at his house and would give the plough to him when he went to take his tea. After some time Tara Singh accompanied by Mohan Singh proceeded towards his house. Harnam Singh, father of Tara Singh', followed Tara Singh and Mohan Singh. In the way Tara Singh and Mohan Singh saw 'the six accused emerging from the 'cherri' field of Amar Singh. Tara Singh had 'prani' in his hand while Mohan Singh and Harnam Singh were empty-handed. Atma Singh accused was armed with 'kulhari' while Udham Singh carried 'kirpan' Niranjan Singh, sohan Singh, Dalip Singh and Bachan Singh carried spears. Seeing the accused Tara Singh ran towards the village and entered the house of Bahadur Singh. The accused entered tnat house ana surrounded Tara Singh. Atma Singh accused caused injuries to Tara Singh with 'kulhari' while Udham Singh caused injuries with 'kirpan'. No injury was causea to Tara Singn by Niranjan Singii, sohan, Singh, Dalip Singh, Bachan Singh and Tara Singh died at the spot.

(3.) Harnam Singh P. W. 2 reported the incident to Assistant Sub inspector Indar Singh at Tara Taran-Jandiala Octroi Post at 10 a.m. on 11-11-1951.