Charan Singh, who had been admittedly injured by Labh Singh and others in the past, at the spur of the moment formed a companymon intention with Surjan Singh to cause grievous injury to Labh Singh.
Both the accused had injuries on their person.
Py where the latter was asked to examine the injuries of accused Charan Singh and to report if they were self inflicted.
Even the deceaseds son, Harbhajan Singh PW 6 stated that there was numberdispute between his father and the accused since that companypromise.
after taking liquor in the house of Piara Singh PW 4 , Labh Singh, Zail Singh PW 2 and Ujagar Singh PW 3 were returning home at about 10.00 P.M. Labh Singh was ahead of the other two and when he reached near the house of the accused, Charan Singh armed with a kasaia, and Surjan Singh armed with a takwa were standing near their house.
I was then having the kassia Ex.
When they were near the doorway of the house the accused struck Labh Singh again with their respective weapons.
While the trial Court companyvicted the accused under Section 302/34, the High Court altered the companyviction to Section 326/34 observing as follows On the other hand the totality of the circumstances shows that when Labh Singh intoxicated with liquor came in front of the house of the accused persons he said something objectionable.
Both the trial Court and the High Court accepted the evidence of the eye witnesses, namely, Zail Singh and Ujagar Singh.
Thereafter Labh Singh was carried further and the door was chained from inside.
About eight or nine years before the occurrence there was a criminal case against Labh Singh and two others on account of causing hurt to accused Charan Singh.
Charan Singh then struck a blow with his kassia on Labh Singhs head.
Labh Singh fell on the ground.
The above briefly is the prosecution case.
Labh Singh got up and chased me.
I then gave a kassia blow to Labh Singh as a result of which, he fell down to the ground.
Thereupon Surjan Singh aimed a takwa blow on the head of Labh Singh who warded it off with his left hand.
When I reached near my house, I found Labh Singh deceased standing near the heaps of manure, while he was under the influence of liquor.
Zail Singh and Ujagar Singh raised an alarm but both the accused lifted Labh Singh and took him inside their house.
The learned defence companynsel, however, draws our attention to a letter from this officer to the Medical Officer Ext.
My brother Surjan Singh was number with me at the spot.
He was armed with a kirpan.
A lalkara was raised by Charan Singh that Labh Singh would number be permitted to escape.
I then left for my tubewell.
These injuries were simple and were said to be received about 8 hours prior to their examination on August 27, 1967, at 10.15 P.M. The prosecution wants to explain these injuries through the evidence of Hakam Singh, Sub Inspector of Police PW 9 who stated that the accused offered resistance when they were arrested and at that time they received some injuries.
Surjan Singh had two companytusions and one abrasion while Charan Singh had three companytusions and two abrasions.
He came inside my house and aimed a kirpan blow at me, but I gave him more blows.
That case, however, was companypromised.
P4 with me.
On August 26, 1967.
The two eye witnesses stated about both the accused dragging Labh Singh to their house after Charan Singh had struck the deceased with the kassia on the head.
Labh Singh was the deceased.
Labh Singh gave kirpan blow on me which I warded off by raising my kassia.
I ran to my house.
He also raised a lalkara.
The accused were arrested the following evening.
