Judgment

GUPTA. J.:- This is an appeal from a Judgment of the Rajasthan High Court affirming on appeal the order of conviction and the sentences passed on the appellants before us by the Additional Sessions Judge No. 2, Shri Ganganagar. Of the four appellants Milkiyat Singh and Chhotu Singh were convicted under Section 302 and Section 307 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life under the first count and rigorous imprisonment for five years under the second : Hansa Singh and Genda Singh were convicted under Section 302/34 and Sections 307/34 of the Indian Penal Code and were also awarded the same sentences.

2. On March, 13, 1970, Surjit Singh (P. W. 3) lodged the F. I. R. in this case containing the following story. At 12.30 P. M. on that day Surjit Singh along with his brother Balbir Singh and Jagir Singh (P. W. 11) and Jagroop Singh (P. W. 4) had started from Surjit Singhs house for village Jandwala Sikhan to see the ailing wife of one Jiwan Singh and when they had reached a point near the house of one Ram Singh, they found Dal Singh. Chhotu Singh, Genda Singh, Hansa Singh and Milkiyat Singh sitting in a pit. As the complainants party app