JUDGMENT:— Kuldip Singh and Bhajan Singh are the appellants. They along with one Balwant Singh were tried for offences punishable under S. 307 read with S. 34 and S. 323 read with S. 34, I.P.C. The learnd Sessions Judge acquitted Balwant Singh and convicted Kuldip Singh under S. 307, I.P.C. simpliciter and sentenced him to undergo five years R.I. and to pay a fine of Rs. 500/- in default of payment of which to further undergo four months R.I. Bhajan Singh, the second appellant, is convicted under S. 307 read with S. 34, I.P.C. and sentenced to three yearsR.I. and to pay a fine of Rs. 500 /-, in default of payment of which tofurther undergo four months R.I. Both of them preferred an appeal to the High Court and the High Court while confirming the convictions reduced the sentence in respect of Kuldip Singh to three years R.I. and in respect of Bhajan Singh to 1-1/2 years R.I. The sentence of fine was, however, confirmed. Hence the present appeal. The prosecution case is that on 5-9-1980, Surinder Kumar (P. W. 4) was present at his shop and his father was inside the shop. Another witness Pyare Lal came to purchase vegetables. It was about 8.30 p.m. when all the three accused came ther