AMAR SINGH Vs. STATE

JUDGEMENT

(1.) IN this appeal which has been brought by Amar Singh and Chanan Singh, the point for decision is the legality of the charge. Amar Singh has been convicted under Section 302 o the indian Penal Code and has been sentenced to death, and Chanan Singh has been convicted of an offence under Section 307 of the Indian Penal Code and has been sentenced to transportation for life. The sentence of Amur Singh is before us for confirmation.

(2.) THE story of the prosecution is that there was some previous enmity between the party of the complainants and of Amar Singh and others, accused Nos. 1 to 6. On the 21st January 1953 banta Singh (F. W. 18), Thakar Singh (P. W- 19), Pritam Singh (P. W. 20) and Piara Singh deceased were sitting in the house of Thakar Singh. The party of accused Nos. 1 to 6 came there raising 'changars'. Amar Singh appellant was armed with a gun and Chanan Singh with a pistol and the others had various sharp-edged weapons. The accused started abusing Banta Singh and others and began striking against the wails of Thakar Singh's house, and when the persons sitting inside the house came out Amar Singh fired a shot which hit Piara Singh and Thakar Singh. Chanan Singh fired a pistol shot which hit Pritam Singh and Banta Singh, and then the accused ran away. Several persons including Jarna (sic) Singh (P. W. 21), Kartar Singh (P. W. 22), gurdial Singh (P. W. 23) and Santokh Singh (P. W. 24) are also alleged to have witnessed the occurrence. Piara Singh died on the 22nd January 1953. On the 23rd January Amar Singh, gurdial Singh and Jagir Singh accused were arrested. Narinjan Singh and Shamir Singh accused were arrested on the 25th January and Chanan Singh accused on the 28th January.

(3.) THERE is another story also which is given by Kehar Singh (P. W. 25 ). On the day of the occurrence there was some noise at a wall and Banta Singh (P. W. 18), Thakar Singh (P. W. 19), pritam Singh (P. W. 20) and Piara Singh deceased were raising shouts (changars ). Nathu accused no. 7 came from the other side and asked Thakar Singh and others not to shout. Pritam Singh, piara Singh, Banta Singh and Thakar Singh ran towards their houses and Nathu also reached there chasing them with a pistol in his hand. He fired one shot and then ran away towards karmunwala, as a result of which four persons, Banta Singh, Thakar Singh, Pritam Singh and piara Singh were injured, and Nathu was arrested on the 27th January 1953. On the 28th January an incomplete chalan against Nathu was put in. Another chalan was put in on the 14th February 1953 in which seven persons were accused of this matter, i. e. , accused Nos. 1 to 6 and Nathu accused. A and chalan was then put in, which is dated the 20th May 1953. This was stated to be a complete chalan.