Judgment

CHANDRACHUD, J. :- The learned Additional Sessions Judge, Jullundur, convicted the three respondents under Section 307 read with Section 34 of the Penal Code and sentenced each of them to suffer rigorous imprisonment for 5 years and to pay a fine of Rs. 500/-. The High Court of Punjab and Haryana having set aside the order of conviction and sentence, the State of Punjab has filed this appeal by special leave.

2. The incident out of which the prosecution arises happened between 9 and 10. p.m. on December 11, 1966 in the village of Dherian. The case of the prosecution is that one Dalipa was assaulted on that night by the three respondents, Sohan Singh, Joginder Singh and Gurbachan Singh. Dalipa was first lured out by Gurbachan Singh. On coming out of the house Dalipa saw that Gurbachan was armed with a Kirpan and he therefore started retreating to the house. He was however overpowered by the respondents and there is not the slightest doubt that he was assaulted brutally. The evidence of Dr. Pushpa Bajaj shows that he had received as many as 26 injuries out of which 20 were incised. Injury No. 12 which had cut the neck half way through has been described by the medical officer