JUDGMENT

RANGANATH MISRA, J.:— The four appellants were put on trial for offences punishable under sections 148, 302/149, 307/149 of the Indian Penal Code. Prosecution alleged that they along with one Piara Singh, since murdered, had collected themselves fully armed near a culvert on the Ludhiana-Ahmedgarh road at about 1 p.m. on April 16, 1971. The complainants group was returning from Ludhiana in a jeep driven by P.W. 10 after purchasing a tyre and a tube for Bachan Singhs truck. Bachan Singh was sitting on the backside of the jeep and in front of him was sitting one Malkiat Singh, P.W. 9. Gurbachan Singh, P.W. 11 was sitting next to him. As the jeep approached the culvert on the way, Amrik Singh started firing from his gun. Then followed indiscriminate firing by the other appellants as a result of which Bachan Singh received fatal injuries. Gurbachan Singh also received a gunshot injury on his right arm and fortunately for the driver he was hit on his turban and was, therefore, not injured. The driver speedily drove away the jeep and medical treatment was provided but Bachan Singh succumbed to the injuries while P.W. 11 survived.

2. The defence was one of denial and false implica