P.B.GAJENDRAGADKAR, J.

(1) THE two appellants Gurcharan Singh and Surjit Singh along with three others, Baland Singh, Daljit Singh and Ajit singh, were tried before the 2nd Additional Sessions Judge Ferozepore for offences under Section 148 and s. 302/149 Indian Penal Code The prosecution case against these five persons was that on or about the 18/05/1961, they formed an unlawful assembly at the village Jhote with the common object of killing Arjan Singh, Sukhjit Singh Gurdial Singh and Piara Singh alias Balo, and that in prosecution of the said common object, they committed the offence of rioting when they were armed with deadly weapons. That is the essence of the charge under s. 148. It was further alleged that on the same day and at the same time and place the said members of the unlawful assembly carried out its unlawful object and in so doing, the appellant Gurcharan Singh murdered Gurdial Singh and Sukhjit Singh, while the appellant Surjit Singh murdered Arjan singh and Piara Singh. That is how all the five accused persons were charged under section 302/149 of the Indian Penal Code.

(2) THE trial Judge held that the charges against Daljit Singh had not been prov