Judgment

SEMA, J.

( 1 ) FOUR accused - Hardam Singh, Jagjit singh, Resham Singh and Gurdip Singh - were convicted by the additional sessions judge, Bhatinda in sessions case no. 221 rt No. 5 of 1985 by judgement dated 29. 5. 1986. By the aforesaid judgement, accused Hardam Singh, Jagjit Singh and resham Singh were convicted under section 302 read with section 34 Indian Penal code and sentenced to undergo life imprisonment and to pay a fine of Rs. 1500/- each, or, in default of payment of fine, to suffer further Rl for six months each. Accused gurdip Singh was convicted under section 302 read with section 109 IPC and sentenced to undergo the sentence, as aforesaid as in the case of other three accused. Accused 1 - 3 are sanguinary brothers. Accused Gurdip Singh was a sarpanch of Joian village. Aggrieved by the aforesaid convictions accused Hardam Singh, jagjit Singh and Resham Singh filed criminal appeal no. 374-DB of 1986 and accused gurdip Singh filed criminal appeal no. 378- db of 1986. The High Court, by its judgement and order dated 28. 5. 1987 set aside the conviction and sentence recorded by the learned trial judge. Accused Gurdip singh died in the interregnum. Hence, this app