Judgment

HEGDE, J.: At about 7 a.m. on October 31, 1966, two persons by name Moti Ram and Balak Ram were injured as a result of an attack on them. The attack in question is said to have been made when they were on their way to the field for cultivation. It is said that they fell unconscious at the spot itself. When they were being removed to the hospital Moti Ram died on the way and later Balak Ram died in the hospital. The information about this offence was laid by P. W. 4, Harnam Das, the brother of the deceased Moti Ram at 9-30 a.m. on the same morning at Mullana Police Station which is about six miles from the scene of occurrence. In that information he accused the appellants as having attacked Moti Ram and Balak Ram. He claims to have seen the occurrence himself.

2. During the pendency of the investigation of the case one Rattan Lal, the brother of the appellant Gopi Chand sent a petition to the Superintendent of Police, Ambala on November 5, 1966. Therein he gave out a different version of the incident. According to the version given by him, the deceased persons and some of their relations attacked the appellants Nos. 1 to 3, when they were proceeding in a cart and that the app