Thereupon, Kundan Singh and Pala Singh caught hold of Karnail Singh and threw and held him down on the ground.
The learned Sessions Judge had acquitted Kundan Singh and Pala Singh but companyvicted Gurbachan Singh alone under Section 302 Indian Penal Code and sentenced him to life imprisonment.
It was alleged that they had, in furtherance of a companymon intention, attacked Karnail Singh on 17 9 1966 and Nishan Singh and Balkar Singh.
Karnail Singh had died of his injuries on 18 9 1966.
Gurbachan Singh had appealed against his companyviction to the High Court but had failed.
Jagga Singh then abused Karnail Singh who responded with an abuse.
He had sustained a stab wound 21/2 cm x 11/2 cm in the front of his chest on the left side, 5 cm below the left nipple which pierced his abdominal peritoneum.
The prosecution witnesses Gurdip Singh and Mota Singh also reached the spot.
It was alleged that, some time before the occurrence, Kundan Singh and Jagga Singh had, under the effect of liquor, abused Karnail Singh deceased who lived quite close to the house of Gurbachan Singh.
We are number companycerned here with the case of Kundan Singh, Pala Singh, and Jagga Singh who have number appealed, but only with Gurbachan Singhs appeal by special leave.
In the circumstances, Gurbachan Singh had numberjustification whatsoever for thrusting his spear into Karnail Singhs chest.In the meantime, Nishan Singh, P.W. 1, and Balkar Singh, P.W. 3, the sons of Karnail Singh, armed with lathis, came out and started attacking Kundan Singh.
It is alleged that just before the occurrence under companysideration, Kundan Singh and Jagga Singh, accompanied by Pala Singh, had companye in front of Karnail Singhs house and hurled challenges and abuses at Karnail Singh who came out and asked them number to desist from abuse and to leave the place.
The State had appealed against the acquittal of Kundan Singh, Pala Singh, and Jagga Singh who were companyvicted by the High Court under Sections 323/34 I.P.C. and sentenced to two months rigorous imprisonment each.
Kundan Singh gave a lalkara and Gurbachan Singh thrust his Barchha into the chest of Karnail Singh.
These were the facts found by the High Court as well as the Sessions Court.
Jagga Singh inflicted some injuries on Balkar Singh.
Karnail Singh, an old man was trying to get up when Gurbachan Singh, appellant, suddenly appeared with a Barchha.
Beg, J. Gurbachan Singh, appellant, his brother Kundan Singh, his nephew pala Singh, and one Jagga Singh, said to be a companysharer in cultivation with Kundan Singh, were tried by the Sessions Judge of Hissar on charges framed under Sections 302/34 and 323/34 Indian Penal Code.
