Judgment

BHAGWATI, J. :- The appellant and his two brothers Kewal Krishan and Dharam Pal were charged before the Sessions Judge, Amritsar for the offence of intentionally causing the death of one Dharam Pal (hereinafter referred to as the deceased). Briefly the prosecution case was, and here we are cutting out the background and the frills of the incident, that on 20th October, 1969 at about 1.15 p.m. the deceased and his brother Sain Das were proceeding towards Gali Jatan Chowk when appellant, Kewal Krishan and Dharam Pal came from the direction of their house, each armed with a knife. Dharam Pal raised a lalkara that the deceased should not be allowed to escape and opened the attack by giving a knife blow on the head of the deceased. Kewal Krishan then inflicted a knife blow on the chest of the deceased and the appellant plunged his knife in the left flank of the deceased. On receipt of these injuries the deceased fell down and Dharam Pal gave another knife blow on the chest of the deceased after he had fallen down. This incident was seen by Sain Das who was accompanying the deceased and two other persons, namely, Satpal and Manohar Lal also witnessed the incident. These three per