KARTAR SINGH KISHAN SINGH Vs. RAJ

JUDGEMENT

(1.) THIS is an appeal by Kartar Singh who has been convicted of culpable homicide amounting to murder & sentenced under Section 802, B. P. C. to "transportation for life i. e , life imprisonment". The prosecution case is that on the evening of 9. 1. 1948, one Amar Singh Sikh of village Farangwali had arranged a wrestling competition on the completion of an "akhand Path", that the deceased, Gurbachan Singh, who belonged to chak No. 40f, had gone to witness the wrestling, along with Munshi Singh P. W. 6 & his brother Karam Singh P. W. 7 & Kacta Singh p. W. 8 of the same chak that the applt. had also gone to see the wrestling along with the co-accused Tara Singh & Gurbux Singh, that after seeing one or two bouts, the deceased left for his chak at about 6 p. m. , along with him aforesaid associates Munshi Singh, Karan Singh' & Kartar Singh & that when the deceased had walked a distance of about 40 paces from the place of wrestling all the three accused, who also were going along on the same routs, suddenly attacked the deceased, who was then a little behind his companions. Kartar Singh applt, & Tara Singh are said to have caused injuries to the deceased with spears with which they were armed as a result of which he felt down & immediately succumbed to his injuries. Gurdayal Singh & Nand Singh, prosecution witnesses who immediately came to the scene & Munshi Singh raised a hue & cry which attracted people from the village & the accused then took to their heels.

(2.) THE first information report of the occurrence was lodged at police station Kearisinghpur, on the night immediately following the occurrence, by Munshi Singh P. W. 6 who was accompanied by one Ramprakash P. w. 5 of chak no. 40f. All the three accused were named in the report as having attacked the deceased & caused his death.