ARUR SINGH FATEH SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two appeals which have been brought by the convicts (Criminal appeal No. 216 of 1956 by Arur Singh and Surjit Singh and Criminal Ap- (N. P.) (May) 1957 Punjab D. F. /6 peal No 224 of 1956 of Jita and Surjan Singh) against their conviction under Section 326 read with S. 149 and Section 148 of the Indian penal Code and sentence of seven years and three years' rigorous imprisonment each under the two counts. Arur Singh has also been convicted under Section 302 of prisonment for life. All the accused have also been convicted under Section 324 read with 149, Indian Penal Code, and sentenced to one year's rigorous imprisonment each. All the sentences are to run concurrently. Ganga Ram complainant has also filed Criminal Revision No. 885 of 1956 against the acquittal of Puran Singh and Amarjit Singh accused and enhancement of sentence passed on the convicts.

(2.) THE accused persons were Arur Singh and his two sons Bira and Surjit Singh who, it is stated by the prosecution were all armed with spears, Surjan Singh and his son Amarjit Singh, also armed with spears, and Puran Singh and his son Jita, of whom the former was armed with a kirpan and the latter with a spear. Bira is an absconder. The remaining 6 persons were tried under the abovementioned various charges but Amarjit Singh son of Surjan Singh and Puran Singh father of jita have been acquitted by the learned Sessions Judge of Jullundur.

(3.) THE occurrence took place in Akbarpur Kalan on the 13th of November 1955 (the Diwali Day) at about sunset. The first information report was made by Ganga bam P. W. 6 to Assistant Sub-inspector Amar Nath at 9-45 p. m. while he was sitting at the shop of one Paqir Chand which is at a distance of a furlong from the police Station. The complainant party are Aroras and of them Gobind Ram and ganga Ram were brothers. Gobind Rarn has been murdered. Nand Lal was their nephew. He has also been murdered. Hira Lal is the nephew of Gobind Ram and ganga Ram, being their sister's son. He hag been very badly injured.