Judgment

A. P. SEN, J.:- Appellant Balwinder Singh@ Dalbir Singh@ Billa stands convicted under S. 302 read with S. 34, Penal Code, 1860, for having committed the murder of the taxi-driver Santokh Singh and sentenced to undergo imprisonment for life. The other two co-accused Balwinder Singh and Amar Singh have also been convicted along with him under S. 302 read with S. 34 and sentenced to imprisonment for life, but have not preferred an appeal.

2. The prosecution case, in brief, is as follows. On July 25, 1973 as about 6 p.m. the appellant Balwinder Singh @ Billa came to the taxi-stand Kot Atma. Singh in Amritsar along with his three companions Balwinder Singh, Amar Singh and Balkar Singh and hired the taxi of the deceased Santokh Singh, an Ambassador car bearing No. PUA 5885 for going to Batala, some 32 miles away. The taxi was hired in the presence of the other taxi-drivers, namely, Kashmira Singh, brother of the deceased., P. W. 3, Fauza Singh, P. W 4 Suba Singh and Ajit Singh. The deceased Santokh Singh was not seen alive threafter. On the next morning, i.e., on 26th at about 5.15 a.m. Gurdarshan Singh, Deputy Superintendent of Police, P. W. 5, who had set an ambush on a road byp