AMAR SINGH Vs. THE STATE

JUDGEMENT

(1.) AMAR Singh, aged 30/32 years, and his brother Bachan Singh, aged 32/34 years, sons of Phuman Singh and residents of village Togewal in Police Station Longowal, were tried jointly by Shri Pritam Singh Pattar, Sessions Judge, Sangrur, for offences under Section 302 and Section 302 read with Section 34 of the Indian Penal Code respectively, the allegations against them being that on the 17th of March, 1966, at about 6 P.M., Amar Singh aforesaid committed murder by causing fatal injuries to Chand Singh, aged 30 years, a resident of the same village, in furtherance of the common intention of them both. As a result of the trial Bachan Singh was acquitted, the case against him having been found to be doubtful, while Amar Singh was found guilty of the charge framed against him, was convicted thereof and was sentenced to imprisonment for life. This appeal has been presented by Amar Singh aforesaid against the judgment of the learned Sessions Judge which is dated the 17th of August, 1966.

(2.) THE prosecution case may be stated thus. About 15 days before the occurrence some cattle belonging to the Appellant and his brother Bachan Singh trespassed into the fields of the deceased who lodged a protest in that connection with them. Instead of mollifying him they hurled abuses at him.

(3.) ON the 17th of March, 1966, at about 6 P.M., Chand Singh deceased was sitting on a khund near the door of his house in village Togewal and was talking to Mukhtiar Singh (P.W. 6). Jang Singh (P.W. 5), a brother of the deceased, was taking his bath at a short distance. Amar Singh Appellant and his brother Bachan Singh came there armed with a gandasa and a lathi respectively from the side of their outer house. Bachan Singh shouted to Chand Singh that the latter would not be spared. Immediately thereafter the Appellant gave a gandasa blow on the right side of the head and another in the right hip to Chand Singh. Jang Singh (P.W. 5) and Mukhtiar Singh (P.W. 6) raised an alarm when the Appellant and his brother ran away, carrying their respective weapons with them.