JUDGMENT

This is an appeal by the State of Punjab against the acquittal of accused Nos. 2 and 3 in Sessions Case No. 53/81 before the learned Additional Sessions Judge, Amritsar is Criminal Appeal No. 422/DS of 1982. It may be stated that four accused persons, namely, Satpal, Om Prakash, Vijay Kumar and Saudagar Singh were tried before the learned Additional Sessions Judge, Amritsar in Sessions Case No. 53 of 1981 on a charge of murder of Subhash Chander and also causing injuries to some of his relations. The learned Sessions Judge acquitted the accused No. 4 Saudagar Singh but convicted the three other accused, namely, Satpal, Om Prakash and Vijay Kumar under Section 302 read with Section 34, I.P.C. and also for causing injuries to other witnesses. The two appeals were preferred before the High Court of Punjab and Haryana. The aforesaid Criminal Appeal being Appeal No. 422/DB of 1982 was preferred by the accused Nos. 2 and 3 Om Prakash and Vijay Kumar against their conviction and sentence and the other appeal in the Criminal Appeal No. 453/DB of 1982 was preferred by Satpal against his conviction and sentence. Since both the appeals arise out of the same judgment, both the appeals