KARTAR SINGH Vs. STATE

JUDGEMENT

(1.) THE three appellants before us were tried under Section 452, I. P. C. , for having committed criminal trespass in the house of Kartar Singh (P. W. 14) on the night between the 12th and 13th of January 1954 with the intention of committing theft of his cattle after having made preparation for causing hurt to the inmates of the house, and under Section 302/34, I. P. C. , for having murdered Waryam Singh and also under Section 323/34 and Section 324/34 I. P. C. , for having caused hurt to Jogindar Singh and Sundar Singh. The Additional Sessions Judge, Amritsar, convicted all the accused persons under Section 452, i. P. C. , and sentenced them to two years' rigorous imprisonment each. He also convicted them under Section 323/34, I. P. C. , awarding a sentence of four months' rigorous imprisonment each, but the sentences under both the counts were ordered to run concurrently. He, however, acquitted them of all the other charges framed against them, the appellants have appealed to this Court against their convictions and sentences while the state has appealed against the order of acquittal of the accused persons under Sections 302/34 and 324/34, I. P. C. It will be convenient to decide both the appeals (Criminal Appeals Nos. 622 of 1954 and 81 of 1955) by this judgment.

(2.) THE prosecution case is that Kartar Singh P. W. 14 is the owner of a 'haveli'. On the night between the 12th and 13th of January 1954 he was sleeping in a room with his two sons and other members of the family while his son Anokh Singh was sleeping in the verandah keeping guard on the cattle tethered in the courtyard. At about 11 p. m. he woke up on hearing the barking of a dog and found the appellants along with Darshan Singh standing near the cattle in the courtyard. He raised an alarm and all the family members came out Darshan Singh fired from his pistol. Jogindar Singh, one of the appellants before us, gave a 'dang' blow on the head of Jogindar singh (P. W. 16) son of Kartar Singh. The culprits then ran away. The family members excepting the injured person and other persons living in the locality, all numbering about 60 or 70, pursued the intruders. Waryam Singh and his son Piara Singh were among them. They overtook the culprits about 200 karams from Kartar Singh's house. I may state here that it was a moonlit night. Darshan Singh and Jogindar Singh were armed with a pistol and a 'dang' respectively while the other two accused were armed with a spear each. The pursuit party was armed with 'dangs', spears 'kirpans' and 'kulharis'. Darshan Singh fired without hitting anybody. Waryam Singh was armed with a 'kulhari' and was ahead of the pursuit party. When he got near the culprits Kartar Singh appellant gave a spear blow in the abdomen of waryam Singh who fell down on receiving this injury. In the meanwhile the other two appellants gave blows with their weapons to Sundar Singh another member of the pursuit party. The villagers then fell upon Darshan and killed him on the spot. Kartar Singh appellant was captured but the other two escaped. After investigation the three appellants were tried and convicted as stated above.

(3.) THE appellants pleaded not guilty and alleged that they had bean falsely implicated on account of enmity. They, however, produced no evidence 'in defence.