Judgement

DUTT, J. :- This appeal is directed against the judgment of the Punjab and Haryana High Court whereby the High Court affirmed the order of the learned Additional Sessions Judge, Gurdaspur, convicting the appellants under sections 148, 302/149, IPC and sentencing each of them to undergo a rigorous imprisonment for one year under Section 148, IPC and life imprisonment under sections 302/149, IPC and to pay a fine of Rs. 1,000/- each.

Initially there were seven accused including the appellants. The learned Additional Sessions Judge, however, acquitted two of them, namely, Amar Singh and Rattan Singh, both sons of Isher Das, by giving them the benefit of doubt. Of the remaining five accused, the High Court acquitted Bachan Singh and, as stated already, upheld the convictions and sentences of the appellants.

2. The prosecution case is that on July 18, 1972, Murta Singh and his brother Piara Singh deceased were working in their fields. In the evening their mother, Smt. Veero (P.W. 5), had brought tea for them. At about 6.00 p.m. P.W. 4 Murta Singh, Piara Singh deceased and their mother, Smt. Veero (P.W. 5), left the fields for their house. They were going towards their village on