Judgment

GAJENDRAGADKAR, J. : The three appellants, Sunder Singh and his sons Lal Singh and Gurmukh Singh along with one Rachhpal Singh were tried before the learned Additional Sessions Judge, Karnal with having committed the offence of murdering Malook Singh, Anup Singh and Darbara Singh on January 13, 1960, at about 11 a.m. in the Abadi of village Habri. The prosecution case was that these three murders were committed by the four accused persons in furtherance of their common intention; at the time when the offence was committed, Sunder Singh and Gurmukh Singh were armed with Lathis and Lal Singh and Rachhpal Singh were armed with guns. According to the charge framed against the accused persons, Lal Singh fired upon Malook Singh and Darbara Singh and thereby killed them while Rachhpal Singh fired upon Anup Singh and killed him. This firing took place in pursuance of the common intention of all the accused persons. That is how Lal Singh and Rachhpal Singh were charged under S. 302 read with S. 34 of the Indian Penal Code. The learned trial Judge took the view that the evidence adduced against Rachhpal Singh left room for doubt and so, giving Rachhpal Singh the benefit of doubt, h