JUDGMENT

This criminal Appeal is preferred by the three appellants challenging the correctness and validity, of the judgment, rendered by the High-Court of Punjab and Haryana in Criminal Appeal No. 108/ 76 on its file convicting the three appellants u/S. 302 read with Ss. 149, 307 read with Ss. 149 and 148 of the I.P.C. and sentencing each of the appellants to undergo life imprisonment, three years rigorous imprisonment and two years rigorous imprisonments respectively. According to the prosecution, these three appellants along with two others on 263-1971 at village Govindpura at about 7 or 8 p.m. formed themselves into an unlawful assembly with a common object of causing the death of one Kapur Singh, committed rioting, attempted to cause the death of Kapur Singh and caused the death of Mrs. Surjit Kaur. The Trial Court on the evaluation of the evidence found these three appellants (who were tried separately since they had been absconding for a long time) guilty under all the charges and convicted and sentenced them. The High Court confirmed the judgment of the Trial Court. It is brought to our notice during the hearing of the appeal that the two other accused were separately tried