Judgement

FAZL ALI, J. : This is an appeal by special leave from the judgment of the High Court of Punjab upholding the conviction of the appellant, Mohinder Singh, under Ss. 302 and 307 read with S. 34, Penal Code, and confirming the sentence of death passed against him by the Sessions Judge of Ferozepore.

2. The case for the prosecution which has been substantially accepted by the trial Judge and the High Court is briefly as follows. Sometime in January, 1949, one Bachittar Singh brother of Dalip Singh who is said to have been murdered, lodged a complaint before the Naib Tehsildar at Zira to the effect that a tree belonging to him had been cut by 7 persons, including Mohinder Singh, the appellant. On 28-3-1940 which was the date fixed for hearing of the case before the Naib Tehsildar, Jita Singh and Dalip Singh, the two brothers of Bachittar Singh, were attacked by the appellant and one Gurnam Singh, a lad of 17, near a Gurdwara at about mid-day, when they were returning from their field. Jita Singh was then carrying a load of fodder on his head while Dalip Singh had sickles in his hand. Jita Singh was the first to be attacked near a tailor s shop by Mohinder Singh who fired at him