JUDGMENT

P. Jaganmohan Reddy, J. :- This appeal is by special leave against the judgment of the High Court of Punjab and Haryana allowing the appeal of the State against the acquittal of the appellants under Section 302 read with Section 149 and convicting them of the said offence read with Section 34 I.P.C. and sentencing each of them to imprisonment of life. Five accused who are all brothers were tried before the Sessions Judge, Patiala for offences under Sections 302, 307, 324 read with Section 149 I.P.C. as also under Section 148 of the said Code. The Sessions Judge convicted Jagdev Singh first accused of offence under Section 302 and sentenced him to death subject to confirmation by the High Court. He also convicted him to the offence under Section 307 and sentenced him to three years rigorous imprisonment and a fine of Rs. 500/- in default to undergo further rigorous imprisonment for six months. The second, fourth and fifth accused Gurbux Singh, Darshan Singh and Kuldip Singh respectively were convicted for offences under Section 324 and each of them sentenced to rigorous imprisonment of one year and a fine of Rs. 250/- and in default for a further period of three months rigo