Judgment

BEG, J.:- The State of Punjab has obtained special leave to appeal against the judgment of the High Court of Punjab and Haryana, acquitting the two respondents from charges under Sections 302 and 302/34, Indian Penal Code. and under section 307/34 Indian Code. The trial Court had convicted the respondents under each of these two sections and sentenced Hari Singh to death under Section 302, Indian Penal Code and Gain Singh to life imprisonment under Sections 302/34, Indian Penal Code, and it had sentenced both to six years rigorous imprisonment and to pay a fine of Rupees 2,000/- and indefault of payment of fine, to undergo further rigorous imprisonment for two years under Sections 307/34, Indian Penal Code.

2. The occurrence which gave rise to the prosecution of the two respondents together with two others, Milkiat Singh and Dalip Singh, who were acquitted by the Trial Court, took place during the night between 18th and 19th June, 1969. The victims, Gian Singh, deceased, and his nephew. Zora Singh, P.W. 3, cultivated lands jointly with Bachan Singh, P. W. 5, his son Mukhtiral Singh, his two brothers Gian Singh and Sarwan Singh, and, Surjit Singh, P. W. 4, and Jagit Singh, th