JUDGMENT

M.K. MUKHERJEE, J. :- Surja Ram and his three sons Mohan Lal, Vinod Kumar and Pramod Kumar, all residents of village Puran Patti under the police station of Fazilka (Sadar), were placed on trial before the Sessions Judge, Ferozepore to answer charges under Section 302, read with Section 34, of the Indian Penal Code for the murders of Tulsa Ram, the elder brother of Surja Ram, and his son Brij Lal. On conclusion of the trial, the learned Judge acquitted all of them of the charge relating to the murder of Brij Lal and also acquitted Vinod Kumar and Pramod Kumar of the other charge but convicted Surja Ram and Mohan Lal and sentenced each of them to suffer imprisonment for life. Against their conviction and sentence, Surja Ram and Mohal Lal preferred an appeal which was allowed by the High Court. Assailing their acquittal these two appeals have been preferred; one by the State of Punjab (Criminal Appeal No. 448 of 1984) and the other (Criminal Appeal No. 346 of 1984) by Kamla Devi, daughter of the deceased Tulsa Ram. Both the appeals have been heard together and this judgment will dispose of them.

2. The case for the prosecution, briefly stated, is as under : Ishar Ram, father