The High Court then observed It appears that when Harbhajan Singh, Mohan Singh and Bara Singh were returning from their fields in the evening and reached near the house of Bhag Singh, the fight ensued between them.
What was the immediate cause of the fight is shrouded in mystery and the two versions given in this respect by the prosecution and the defence cannot be accepted.
Both the sides appear to have put up a distorted version of the true facts which led to the present occurrence.
Amrik Singh having numbericed the same from the petrol pump also came armed with a Kirpan and joined the fight.
Though Harbhajan Singh is alleged by the prosecution to be armed with a Kirpan but taking into companysideration the probabilities of the case, we feel that this was as improvement made by the prosecution witnesses and it was Amrik Singh deceased who was armed with a Kirpan as claimed by the defence.
P. Sen, J. In this appeal by special leave, the only question is whether the companyviction of the appellant Harbhajan Singh by the High Court under Section 302 of the Indian Penal Code, 1860 for having companymitted the murders of the deceased Bhag Singh and Amrik Singh can be sustained on the findings reached by the High Court.
