JUDGMENT

Four persons, namely, Nanta Singh (accused No. 1), Banta Singh (accused No. 2), Charta Singh (accused No. 3) and Lakha Singh (accused No. 4) were tried for the murder of Santa Singh and for causing injuries to PW 4 - Nanak Singh by the learned Sessions Judge, Kapurthala. The learned Sessions Judge acquitted Charta Singh and Lakha Singh, accused Nos. 3 and 4, respectively. He, however, convicted Nanta Singh and Banta Singh, accused Nos. 1 and 2, respectively under Ss. 302/ 34 and 307, I.P.C. The High Court confirmed their conviction and sentence. Both Nanta Singh and Banta Singh sought special leave to appeal under Art. 136 of the Constitution. This Court by its order dated 17th December, 1979 refused to grant special leave to Nanta Singh. Special leave toappeal was, however, granted to the present appellant Banta Singh. He was also directed to be released on bail. In addition to the above four, one Jagjit Singh was also a companion of the convicted accused. He was absconding at the relevant point of time and, therefore, he could not be put up for trial along with aforesaid four persons. He was later tried and convicted for his role in the killing of Santa Singh. His convic