BISHAN SINGH AND OTHERS Vs. THE STATE

JUDGEMENT

(1.) THIS appeal is from the judgment of Shri Raghbir Singh, Additional Sessions Judge, Amritsar dated 23rd June, 1966 convicting the appellants Bishan Singh, Kishan Singh, Arjan Singh, Kaka Singh, and Santa Singh under Section 392 read with Section 149 Indian Penal Code and sentencing each of them to undergo life imprisonment and tinder Section 148 Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for one year. The two sentences in respect of each convict were directed to run concurrently. The other accused Kartar Singh and Achhar Singh, who were also proceeded against and charged for the same offences, were, however, acquitted.

(2.) THE facts of the prosecution case are as follows:

(3.) ON January 9, 1966 in the evening, Bishan Singh appellant while drunk visited the house of Darshan Singh. Bishan Singh was armed with a sota. Bishan Singh used abusive language against Darshan Singh. While addressing Darshan Singh, he remarked that he had come to wreak vengeance upon him for the injuries, which had been caused to his brother Kishan Singh over the dispute of barsati water and that the period of one year for keeping peace having expired, he would be suitably dealt with. It is stated that Bishan Singh brandished the sota towards Darshan Singh to inflict blow but Darshan Singh stepped back and saved himself from any injury being caused. Darshan Singh in retaliation gave a sota blow to Bisban Singh, which struck the latter on his head. Shrimati Indo sister of Darshan Singh, P.W. 3, Shrimati Parsino wife of Darshan Singh, P.W. 6 and Atu P.W. 9 were present at the tune this incident took place. This seems to have provoked Bishan Singh and the men of his party to trouble. The incident became the immediate cause of the occurrence, which took place the following day on January 10, 1966.