JUDGMENT

SARKARIA J.:— Labh Singh, Jamiat Singh, Banta Singh, Surjit Singh and Harbans Kaur of village Manauli were tried for the murders of Nasib Singh and Sadhu Singh by the learned Additional Sessions Judge, Patiala. All of them were acquitted. The State carried an appeal against that acquittal to the High Court of Punjab and Haryana. The High Court set aside the acquittal of Labh Singh, Jamiat Singh and Banta Singh and convicted them under Sec. 302 read with S. 34, Penal Code on two counts and sentenced them to imprisonment for life, each. In addition, a fine of Rs. 200/- was imposed on each of the convicts.

2. Aggrieved by that order, Labh Singh, Jamiat Singh and Banta Singh have come in appeal to this Court.

3. The prosecution story as adumbrated in the F.I.R., Ex. P.A., lodged by Gurdev Singh, PW 5, at the Police Station, Mubarakpur, on October 13, 1968 at 3.50 P.M. was as follows:

"I am a resident of village Manauli. Today, at 8/9 A.M. I along with my father, Nasib Singh and my sister s husband, Sadhu Singh son of Assa Singh, Jat, by caste, resident of Bandey Mahla Khurd, were scraping Khal (channel) to bring water from the tubewell of Teja Singh of Kailria, now residing at Ma