Judgment

CHINNAPPA REDDY, J.:- Joginder Singh and Balwinder Singh who along with their father Kishan Singh were tried for the murders of Kuldip Singh and Rupinder Singh, are the appellants in this appeal by special leave. The Sessions Judge convicted Joginder Singh, under S. 302 Indian Penal Code and Kishan Singh and Balwinder Singh under S. 302 read with S. 34 Indian Penal Code for the murder of Kuldip Singh. Joginder Singh and Balwinder Singh were also convicted under S. 302 read with S. 34 for the murder of Rupinder Singh. On appeal the High Court of Punjab and Haryana acquitted Kishan Singh and Balwinder Singh of the murder of Kuldip Singh but confirmed the other convictions.

2. The case of the prosecution was as follows :

On 24th Feb. 1974, Rupinder Singh had teased Pammi the daughter of Kishan Singh, while she was in the field. Coming to know of it, Kishan Singh and Balwinder Singh gave him a beating. Next day at about 2 p. m. Chanchal Singh, his wife Pritam Kaur, his son Rupinder Singh and his daughters were present in their house when Kishan Singh and his two sons Joginder Singh and Balwinder Singh came there abusing them. Joginder Singh was armed with a small kirpan, Kishan S