JUDGMENT

 Y.K. Sabharwal, J.-This case relates to murder of three persons in a faction-ridden village which had seen several murders. On the date of occurrence at about 10 a.m. there was murder of Naseeb Kabari. According to the case of the prosecution, the accused persons were part of an unlawful assembly of about 50 persons and were armed with deadly weapons like gun, bhala, farsa and garasa. In prosecution of their common object, they caused death of Shital Singh and Ram Sewak Singh, who along with one Khattar Singh was believed by the unlawful assembly to be responsible for murder of Naseem Kabari.

2. Ram Sewak Singh and Shital Singh are cousin brothers. According to the prosecution, they were both assaulted by means of farsa by accused Bhikhar Raut. Accused Deep Narayan Singh cut the neck of Ram Sewak Singh while accused Israil Kabari assaulted with the bhala on the abdomen of Shital Singh. Both died instantaneously. Thereafter the unlawful assembly went to the house of Khattar Singh and, according to the prosecution, accused Tarni Prasad Singh, Bhikhar Raut and Tahir Kabari snatched his son Santosh Kumar Singh aged about three years from the lap of the wife of Khattar Singh.