Judgment

SUBBA RAO, J. : (On behalf of himself and Mudholkar, J.)

This appeal by special leave is directed against the judgment of the High Court of Judicature for Punjab at Chandigarh setting aside that of the Second Additional Sessions Judge, Ferozepore, acquitting the 5 appellants of the charges under S. 148 and Ss. 302/149 of the Indian Penal Code and convicting them under the said sections and sentencing each of them to rigorous imprisonment for life and one year respectively.

2. The prosecution case May be briefly stated : On December 23, 1959, the 5 appellants formed themselves into an unlawful assembly and in pursuance of their common object caused the death of Gurdit Singh and his son Pal Singh. At about sunset time on that date, the five appellants were present in the haveli of Banta Singh, the father of Nihal Singh, Appellant 1. When Tara Singh was proceeding towards his house, the five appellants, armed with deadly weapons, came out of the haveli and chased him for the purpose of assaulting him. At that time Ranjit Singh, who was watering his cattle at a nearby well, asked them not to beat Tara Singh. Tara Singh also raised an alarm when he was being pursued by the appella