The acquitted accused Atma Singh shouted that the deceased should number be allowed to go alive.
On receipt of these injuries, the injured Sant Singh fell down on the ground.
The appellant had a gandasa chopper , the accused Atma Singh had a Takua distaff and the remaining two accused had ghops.
The injured was removed to Primary Health center, Longowal and he died at 7.40 p.m. The prosecution has examined a number of witnesses of whom PWs 2, 3 and 4 are eye witnesses to the occurrence.
It is stated that it is only thereupon the present appellant is said to have dealt a blow with the gandasa near the right ear.
The accused Lakhbir Singh number being satisfied with the blows that he had already dealt with gave one more blow with a ghop on the right arm of the deceased.
Following that the acquitted accused Lakhbir Singh gave two more blows with the similar weapon whilst the acquitted accused Atmasingh gave a blow with a Takua on the right leg.
On an appeal the High Court acquitted Lakhbir Singh but retained the companyviction of the appellant alone.
A lalkara challenge was exhorted by the appellant stating that the deceased should be taught a lesson since he had given some information to the police in companynection with the distillation of illicit liquor.
578 of 1979 on the file of the High Court of Punjab and Haryana companyfirming the judgment of the trial Court, companyvicting him under Section 302, I.P.C. and sentencing him to undergo imprisonment for life therefor.
On the said allegation, the appellant was charged for an offence under Section 302 whilst the rest of the three accused were charged under Section 302 read with Section 34, I.P.C. According to the prosecution, this appellant and the other three accused who are since acquitted and who are number before us emerged from sugarcane field.
This appellant along with three others took their trial on the allegation that on 13 9 78 at about 5.00 p.m. in the revenue village Shahpur Kalan, in furtherance of companymon intention murdered Sant Singh alias Lilloo, the deceased herein.
On the lalkara of the appellant and at the instigation of accused Atma Singh, the accused Nikka Singh gave two blows with a ghop on different parts of the body of the deceased.
Ratnavel Pandian, J. The appellant Sukhdev Singh has directed this criminal appeal canvassing the companyrectness and legality of the judgment made in Criminal Appeal No.
