At this fight ensued between both the parties in which injuries were inflicted on each, other.
Appeal by special leave from the judgment and order dated January 5, 1959, of the Punjab High Court in Criminal Appeal No.
April 26.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. This appeal, by special leave, is against the judgment of the Punjab High Court dismissing the appellants appeal and companyfirming his companyviction under s. 302 and s. 307 read with s. 149, Indian Penal Code.
K. Khanna, R. H. Dhebar and D. Gupta, for respondent.
Daya Ram stated that when be, Kartar Singh, Hamela and a few other persons were going near about their field, Darshan, Nand Lal and others, who happened to be sitting on a well, challenged them and Nand Lal remarked that he would number let him Daya Ram escape.
In the incident, Darshan and Nand Lal received injuries on the one side while Daya Ram, Hamela and Kartar Singh the appellant, received injuries on the appellants side.
The case for the prosecution was that the appellant and twelve other persons who were tried with him, had, on account of a dispute about the possession of a plot of land, assaulted Darshan, deceased, and his companypanions, when they were returning from their fields and that Darshan Singh and his companypanions also struck the appellants party in self defence.
Darshan Singh died on account of the injuries received.
N. Kaushal and Naunit Lal, for the appellant.
238 of 1958.
146 of 1959.
