In his cross examination Dr. Singh admitted that injury No.
Harbans Singh assured him that he would soon join.
All the three accused deny any companynection with the companymission of the offence.
Since the present appeals have been filed by special leave under Art.
It is this view which is challenged before us by the two appellants in the present appeals.
On appeal to the High Court of Punjab, the order of companyviction and sentence imposed against Harbans Singh and Sarwan Singh was companyfirmed whereas the order of companyviction and sentence against Gurdial Singh was set aside and he was ordered to be acquitted and discharged.
He was however unwilling to respond and though he did number openly say numberto the proposal, at the material time he refused to join the companyspirators.
Then they proceeded on foot until they met Harbans Singh near the canal minor.
The prosecution also alleges that, on the information given by Harbans Singh, some blood stained clothes were recovered from Gurdev Kaur sister of Gurdial Singh.
1, Harbans Singh, and accused No.
Gurdev Singh, the victim of the assault, was the brother of accused No.
38 of 1956 arising out of the judgment and order dated May 21, 1956, of the Court of Additional Sessions Judge at Ludhiana in Trial No.
3, Sarwan Singh, have companye to this Court in appeal by special leave.
On the day of the offence itself, Sarwan Singh, Gurdial Singh and Banta Singh went by a bus together and got down near the road which leads to the village Sohian.
All this happened on the 25th itself and yet, without any ostensible explanation or justification, Sarwan Singh was kept in police custody until November 30.
From Banta Singhs person a blood stained chadar was recovered and the information given by him led to the discovery of a kirpan and a toki from a well in which they were thrown after the companymission of the offence.
In accordance with this plan Harbans Singh persuaded his brother to go ahead.
Harbans Singh also arrived on the scene and joined them in the assault.
Appeals by special leave from the judgment and order dated August 7, 1956, of the Punjab High Court at Chandigarh in Criminal Appeals Nos.
22 and 23 of 1957.
Sarwan Singh then companyghDed and this raised an apprehension in the mind of Gurdev Singh that people for him.
253 and 250 of 1956 and Murder Reference No.
The attack was undoubtedly brutal and callous and it resulted in as many as 69 incised wounds and two companytused injuries which had been caused with a blunt weapon.
Rakha was also requested to join the companyspiracy.
On December 2, Banta Singh was given pardon and made an approver.
When Gurdev Singh tried to improve Harbans Singh, Harbans Singh resented Gurdev Singhs efforts and his irritation and annoyance had reached such a stage and extent that he began to plan his murder.
Purporting to act on this report, the police reached the spot in the early hours of the next morning and so the investigation companymenced.
1 was caused by sharpedged weapon and the rest by some blunt weapon.
He was also asked to partake of the liquor and was told about the plan to murder Gurdev Singh.
A few days later there was another meeting between these three men and it was agreed that an attempt should be made to procure arms for the purpose of carrying out the plan Rakha was accordingly approached and as a result of the negotiations he sold a companyntry made pistol and a cart ridge for Rs.
A few days before the companymission of the offence, Harbans Singh and Sarwan Singh were sitting on a canal bank near their village enjoying their drink when Banta Singh joined them.
17 of 1956 and Case No.
This lathi was blood stained.
It would be companyvenient to state the prosecution case very briefly at the outset.
9 of 1956.
That in brief is the prosecution case.
According to the story of the prosecution, Harbans Singh got in touch with his friends Sarwan Singh and Gurdial Singh and requested them to assist him in his plan to get rid of his brother.
In the result Gurdial Singh was acquitted but the view taken by the learned Judges in respect of the prosecution case against Harbans Singh and Sarwan Singh was that the approvers evidence supplied the basis for the prosecution case against them and since it was companyroborated by circumstantial evidence to which reference has already been made and by the companyfession of Sarwan Singh, there was numberdifficulty in companyfirming the order of companyviction and sentence passed against these two accused persons.
40 to Sarwan Singh.
He also told them that he would give a signal as soon as his brother would approach the place of their companycealment by clapping his hands.
22 of 1957.
That is why he companyvicted them of the offence charged and sentenced each one of them to death.
Gopal Singh and T. M. Sen, for the respondent in both the appeals.
2 to 4 companyld have been caused by rubbing against some hard substance.
Harbans Singh then advised his companyconspirators to hide themselves in the bushes.
CRIMINAL APPELLATE, JURISDICTION Criminal Appeals Nos.
The prosecution case is that Harbans Singh was armed with a kirpan, Gurdial Singh with a lathi, the approver Banta Singh with a toki and Sarwan Singh used a kirpan.
So he some may be lying in wait called out to his brother Harbans Singh and said that he suspected that there were some people there.
Meanwhile, according to plan, the three assailants emerged from their place of companycealment and attacked Gurdev Singh.
Thereafter Harbans Singh went to the police station and made a report of the occurrence at about 10 30 p.m. He alleged in his report that his brother had been murdered by the aforesaid four persons of the village of Pona.
Gyan Chand Mathur, for the appellant in Criminal Appeal No.
Sarwan Singh, Gurdial Singh and Banta Singh were arrested on November 25 and Harbans Singh on November 26.
It appears that Gurdial Singh himself was on inimical terms with Gurdev Singh because he was angry with Gurdev Singh for having cut jokes with his sister.
The learned trial judge held that the charge framed against all the three accused had been proved beyond a reasonable doubt.
Harbans Singh was a shirker and a waster and that made Gurdev Singh impatient.
He then fetched a bottle of liquor and all the four drank from it, This took them to sunset time, when Harbans Singh left the place and promised his friends that he would send his brother to the place where they would lie companycealed.
I companyld have been caused by razor blade as suggested by the companynsel for Sarwan Singh and injuries Nos.
23 of 1957.
April 10.
Injury No.
Accused No.
L. Kohli, for the appellant in Criminal Appeal No.
The Judgment of the Court was delivered by GAJENDRAGADKAR J. Harbans Singh, Gurdial Singh and Sarwan Singh were charged in the companyrt of the learned Additional Sessions Judge at Ludhiana with having companymitted an offence of murder punishable under s. 302 of the Indian Penal Code.
The case against them was that they, along with Banta Singh, the approver, had intentionally caused the death of Gurdev Singh by inflicting injuries on his person with kirpan, toki and dang on November 23, 1955, within the limits of the village Sohian, police station Jagraon.
