Judgment

GAJENDRAGADKAR, J. : The three appellants, Darya Singh, Rasala and Pehlada, along with their brother Ratti Ram were tried by the learned Sessions Judge, Patiala, under section 302 read with S. 34 of the Indian Penal Code for having committed the murder of Inder Singh in the village of Petwar in the early hours of the morning of the 2nd June, 1960. The learned Sessions Judge acquitted Ratti Ram, because he held that the case against him had not been proved beyond a reasonable doubt. He, however, convicted the three appellants and sentenced them to imprisonment for life. This order of conviction and sentence was challenged by the appellants by preferring an appeal before the Punjab High Court. The High Court agreed with the conclusion of the learned trial judge and dismissed the appeal. The acquittal of Ratti Ram was challenged by the State but the State s appeal was dismissed and Ratti Ram s acquittal was confirmed. The appellants have come to this Court by special leave and on their behalf, Mr. Bhasin has contended that the High Court was in error in confirming the order of conviction and sentence passed against the 3 appellants by the trial Judge.

2. The facts leading to t