Judgement

BHAGWATI, J. : This is an appeal with special leave by Pritam Singh, son of Surain Singh, hereinafter called Pritam Singh Fatchpuri, and Pritam Singh, son of Ladha Singh, hereinafter called Pritam Singh Lohara, against their conviction and the sentence of death passed upon them by the learned Additional Sessions Judge, Amritsar, and confirmed by the High Court of Punjab at Simla.

2. Both the appellants were charged that they, along with Kartar Singh alias Mal and Gurdial Singh alias Karnail Singh absconding, on 2-5-1953, in furtherance of the common intention of them all committed the murders of Chanan Singh Orara and Sardul Singh by shooting them with firearms.

3. The story unfolded in the evidence led by the prosecution was that, at about 6 p. m. on 2-5-1953. Pritam Singh Lohara and Kartar Singh got into Lorry No. P. N. A. - 2404 at the bus stand at Amritsar. Chanan Singh Orara and his nephew Sardul Singh also traveled in this lorry.

Pritam Singh Fatchpuri and Gurdial Singh got into the lorry on the way and seated themselves with Pritam Singh Lohara and Kartar Singh in the seats which had been already reserved for them by the latter. When the lorry neared the village Bohoru