Judgement

A. K. SARKAR, J. : Eight persons were tried for offences under Ss.148, 307 and 364 both read with Ss. 149 and 34, Penal Code, by the Additional Sessions Judge, Ferozepur. The learned Sessions Judge acquitted four of the accused, namely, Het Ram, Teja Ram, Manphul and Surja Ram as he did not think that their presence at the occurrence had been proved beyond reasonable doubt. He convicted the remaining four, namely, Narain, Jot Ram, Gheru and Jalu under Ss. 307 and 364 read with S. 34. He sentenced Narain, Jot Ram and Gheru to rigorous imprisonment for three years under S. 307 and two years under S. 364. He sentenced Jalu to two years rigorous imprisonment under each section. On appeal by the convicted persons the High Court of Punjab maintained the convictions but reduced the sentences passed on Jot Ram and Gheru to one year s rigorous imprisonment and Jalu to the term of imprisonment already undergone. It maintained the sentence passed on Narain and dismissed his appeal. Narain, Jot Ram and Gheru have appealed to this Court from that judgment.

2. The prosecution case is that one Sultan was the proprietor of a field described in the proceedings as plot No. 97. Sahi Ram had