ATMA SINGH KAHAN SINGH Vs. STATE

JUDGEMENT

(1.) Atma Singh appellant was tried by the Sessions Judge at Gurdaspur along with his father Kahan Singh and younger brothers Kartar Singh and Hazara Singh on a charge under Section 302 read with 34, Penal Code. In the event his father and brothers were, acquitted and he alone has been convicted under Section 302, Penal Code, and sentenced to death. We have before us his appeal and his case for confirmation of the sentence.

(2.) Although the whole of the prosecution story was denied by all the accused, who simply alleged that they had been implicated on account of enmity and put forward no kind of alternative explanation of the circumstances under which Shangara Singh deceased was killed, it is not now seriously contested that this event took place more or less in the circumstances alleged by the prosecution. It seems that Kahan Singh accused and Bhagat Singh, the father of Shangara Singh deceased, who are Jats of Vero Nangal, had same dispute about the irrigation of their lands. There are two outlets in the village, the eastern and western outlets, and formerly the lands of Kahan Singh had been watered from both these outlets but consolidation of holdings in the village had taken place and consequently the lands held by different owners wore somewhat different from their previous holdings and now a dispute had arisen regarding' whether Kalian Singh was now entitled to any water at all from the eastern outlet.

(3.) In order to settle this matter a so-called panchayat had been convened between 8 and 9 p.m. on 25-4-1954 at a place near the houses of both the accused and the deceased, and the persons who attended were apparently the cultivators of the village who were interested in the eastern outlet and included Bhagat Singh P. W. 4, Kundan Singh P. W. 1, Diwan Singh P. W. 5, Ishar Singh P. W. 6, Pritam Singh P. W. 7 and Pal Singh P. W. 8, as well as Kahan Singh and his eldest son Atma Singh accused, who are alleged to have kept in their possession a stick and a spear respectively while the meeting was going on. According to the evidence of the prosecution witnesses the discussion developed into an exchange of abuse between Bhagat Singh P. W. on the one side and Kahan Singh and Atma Singh on the other. At the sound of this exchange of abuse it is alleged that on the one side Kahan Singh's other two 'sons ran out of their house armed with sticks and on the other side Shangara Singh deceased came out of his father's house, and on Shangara Singh's arrival all the accused set on him, Atma Singh spearing him on the left side of the chest while each of the others gave him a blow with his stick. Pal Singh P.W. 8 is said to have tried to intervene and the stick blow was aimed at him by Kartar Singh accused hut it missed him and the accused then ran away.