JUDGMENT

BHAGWATI, J. :—The appellants and three others were tried before the Additional Sessions Judge, Hissar for offences under Section 148, Section 302 read with Section 149 and Section 323 read with Section 149 of the Indian Penal Code. The gist of the offences charged against the appellants and the other co-accused was that they formed an unlawful assembly with the common object of causing the death of one Khub Ram and assaulting his companion Surja and that in prosecution of such common object, they intentionally caused the death of Khub Ram, and two of the other co-accused voluntarily caused simple hurt to Surja. The prosecution case was supported by the evidence of Surja, who was admittedly an eye-witness to the incident and relying on the evidence of Surja, the learned Additional Sessions Judge convicted, the appellants and two other co-accused, namely, Kanshi Ram and Mani Ram of the offence under Section 304, Part II read with Section 34 of the Indian Penal Code for causing the death of Khub Ram, and Kanshi Ram and Mani Ram also for the offence under Section 323 read with S. 34 of the Indian Penal Code for causing simple injuries to Surja. The fifth co-accused, namely Ra