Judgment

K. JAYACHANDRA REDDY, J. :- This Criminal appeal pursuant to leave granted under Art. 136 of the Constitution of India had arisen in respect of convictions of the four appellants under S. 302 read with S. 34, I. P. C. and sentenced to imprisonment for life. They along with five others were tried by the Sessions Court. Appellants Nos. 1 and 2 herein were sentenced to death. Appellants Nos. 3 and 4 and the remaining five were sentenced to imprisonment for life. On appeal, the High Court acquitted five of the accused and confirmed the conviction of all the four appellants but the sentence of death passed against appellants Nos. 1 and 2 reduced to imprisonment for life.

2. On 30th July 1984 at about 7.45 P. M. Teg Bahadur Singh, hereinafter referred to as the deceased, was in the company of his brother Arjun Singh, PW. 3, Darshan Singh PW. 13 and Pradeep Sharma PW. 15 in Cotton Bazar, Calcutta after attending to a customer Ram Babu Gupta, P. W. 9. At about 7.45 P.M. the deceased left the shop and was proceeding towards the Guddy. Then all of a sudden, appellants Nos. 2 to 4 emerged and caught hold of his hands and legs. At that time appellant No. 1 came with two unknown persons