Judgment

ROY, J.: This is an appeal by way of special leave from the judgment and order dated September 16, 1970, of the Pujab and Haryana High Court at Chadigrah.

2. In the early hours of the morning of August 2, 1969 a tragedy occurred in the abadi of Dholewal a suburb of Ludhiana town. Two persons. namely, Gulwant Singh and his siser s son Piara Singh, bow residents of the same village, were shot to death at the spot while Sadhu Singh (P. W. 3) a resident of Kot Sekhon received gunshot wounds. In consequence five persons were jointly tried by the Sessions Judge, Ludhiana, Shri M. L. Verma, for offences under Sections 302, 307, 326 and 324 read with S. 149 and under Ss. 147 and 148 of the Indian Penal Code. Three of them are brothers, namely, Sohan Singh, Mohan Singh and Bachittar Singh -all residents of village Dholewal. The fourth is Karnail Singh (alias Faqiria) another resident of that village who is stated to be a pagwat brother of Sohan Singh and the fifth is Labh Singh a resident of village Chak Sarai whose sister is the wife of Sohan Singh.

3. Before the Sessions Judge, Bachittar Singh was given the benefit of doubt and acquitted and the four co-accused were convicted and se