Judgment

UNTWALIA, J.:- Criminal Appeal No. 71 of 1971 has been filed by the two appellants on grant of special leave by this Court. Criminal Appeal No. 77 of 1971 is an additional appeal by one of the appellants under Section 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act. 1970.

2. Both the appellants are brothers and residents of village Shankar in the District of Jullundur. Piara Singh the third accused was their friend. He has not come up in appea1 to this Court. It is not known why ? The prosecution case may be stated in a narrow compass. The occurrence in question took place at about 7.00 p.m. the 21st February, 1968. The motive of the occurrence is said to be connected with an incident that occurred about 2 years before it. Some poppy-heads were recovered from the possession of appellant Hardev Singh. He was convicted on his confessional statement and fined Rs. 50/-. On the 20th February, 1968 at about 5.00 p. m. P. W. 7 Kewal Singh with his brother was returning from his well. He was going to his house. When he reached near the haveli of appellant Hardev Singh the latter started abusing him saying that Kewal Singh had been instrumental for his prosecutio