Judgment

MATHEW, J.: - This is an appeal, by special leave, against the judgment of the High Court of Punjab and Haryana confirming the conviction of the appellant of an offence under S. 302 read with S. 34 of the I.P.C. and imposing the sentence of imprisonment for life for the offence by the Sessions Judge, Hissar.

2. The prosecution case was as follows. On 4-9-1969 at about 5 P. M. Thandu Ram of village Sabarwas was going out of his house and when he reached near the Chabutra of Gopal, he saw Girdhari Nirab and asked him to tell as to when his turn of water would commence. Girdhari replied that he would tell about that shortly and went towards his house. Bhallu and Kurra, having lathis with them came from the back side of Thandu Ram and gave one lathi blow each to him (Thandu Ram). They also tried to drag Thandu Ram but Mool Chand (PW-4) came there and saved him. At that time, the appellant and Hari Singh were sitting on the chabutra in front of their house along with Ram Sarup. The appellant was armed with Jaili and Hari Singh with a gun which belonged to Ram Sarup. The appellant and Hari Singh shouted to Bhallu and Kurra to drag Thandu Ram to that place. Kurra and Bhallu dragged