JUDGMENT

Santosh Hegde, J.-In regard to an incident which took place on 5.5.1990 at about 8.30 p.m. in village Jangal, Police Station Pathankot, a complaint was lodged against 6 accused persons which was recorded by ASI Ram Dass and on completion of the said investigation, he filed a chargesheet only against Nachhattar Singh A-1, Prem Singh A-5 and Sukhdev Singh A-6. During the course of the trial, the learned Sessions Judge found sufficient material to proceed under Section 319 of Cr.P.C. against the other 3 accused, namely, Balram Singh A-2, Khushal Singh A3 and Parhlad Singh A-4, and having included them in the array of accused persons, he tried all the six for the offences punishable under Sections 307, 302, 326, 324, 148 read with Section 149 IPC.

2. In appeal before the High Court of Punjab & Haryana at Chandigarh, the High Court allowed the appeal of 3 of the accused persons, namely, A-4 to A-6, and confirmed the conviction and sentence imposed on the other 3 appellants i.e. A-1 to A-3.

3. Out of the 3 accused persons convicted by the High Court, A-1 has not preferred any appeal and only A-2 and A-3 are before us in this appeal.

4. The prosecution case, stated briefly, is that i