He was also informed by PWs 3 and 4 about the incident.
The statement of PW 4, who was then aged 15 or 16 years, was recorded around 3.00 p.m. Prior to that the statement of PW 5 Niranjan Singh was recorded at about 11.00 a.m. after the police visited the scene of occurrence.
3 and 4, respectively.
In addition to the above four, one Jagjit Singh was also a companypanion of the companyvicted accused.
He was also directed to be released on bail.
3 and Lakha Singh accused No.
The learned Sessions Judge acquitted Charta Singh and Lakha Singh, accused Nos.
PW 4 Nanak Singh who was by the side of his grandfather tried to intervene.
He, however, companyvicted Nanta Singh and Banta Singh, accused Nos.
When PW 4 Nanak Singh intervened, he too was belaboured.
Both Nanta Singh and Banta Singh sought special leave to appeal under Article 136 of the Constitution.
The incident in question occurred on 10th July, 1976 in their field at around midnight.
The allegation is that the assault was opened by Jagir Singh on the deceased Santa Singh with a blow on the right side of his chest near the nipple.
4 were tried for the murder of Santa Singh and for causing injuries to PW 4 Nanak Singh by the learned Sessions Judge, Kapurthala.
PW4 was admitted for treatment to the hospital in Sultanpur at a short distance from the Police Station.
The prosecution case depends on the testimony of two eye witnesses, namely, PW 3 Kartar Singh and PW 4 Nanak Singh who was injured in the incident.
This Court by its order dated 17th December, 1979 refused to grant special leave to Nanta Singh.
PW 5 Niranjan Singh who was in the neighbouring field arrived at the scene of occurrence on hearing the alarm.
Thereupon the appellant gave a blow with his barchhi on his left wrist.
1, also gave a blow below the right nipple of Nanak Singh.
1 and 2, respectively under Sections 302/34 and 307, I.P.C. The High Court companyfirmed their companyviction and sentence.
1, and Jagir Singh have become final.
By the time he came near the injured, assailants had fled away.
He was absconding at the relevant point of time and, therefore, he companyld number be put up for trial along with aforesaid four persons.
The First Information Report was lodged by PW 3 Kartar Singh at Police Station, Sultanpur at about 7.05 a.m. next morning i.e. on 11th July, 1976.
In other words, the companyviction and sentence of Nanta Singh, original accused No.
As a companysequence of this blow, Santa Singh fell on his face.
His evidence has been tendered to lend companyroboration to the evidence of PWs 3 and 4.
2 , Charta Singh accused No.
We are, therefore, companycerned with the question of involvement of the appellant Banta Singh only.
Nanta Singh, original accused No.
He was later tried and companyvicted for his role in the killing of Santa Singh.
Immediately thereafter Banta Singh, the appellant, gave a blow on the back of the fallen Santa Singh.
The deceased Santa Singh was the father of PW 3 and grandfather of PW 4.
The post mortem of the dead body of Santa Singh was undertaken at about 12.30 p.m. on 11th July, 1976.
They are father and son.
His companyviction and sentence have become final.
PW 3 Kartar Singh was at a distance at the time when this assault was launched.
Santa Singh, his son PW 3 Kartar Singh and his grandson PW 4 Nanak Singh were in the field at the cattle shed to look after the cattle when the appellant and his companypanions went there armed with spears and launched an assault on Santa Singh as they suspected him to be a police informant.
Special leave to appeal was, however, granted to the present appellant Banta Singh.
M. Ahmadi, J. Four persons, namely, Nanta Singh accused No.
1 , Banta Singh accused No.
