Judgment :-

Dipak Misra, J.

The two appellants, namely, Manjit Singh and Paramjit Singh, were tried along with three others in ST No. 54 of 2001 before the learned Additional Sessions Judge, Kapurthala for the offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code (IPC).

2. The facts which are essential to be stated are that on 8.11.1998 about 12:00 noon Amarjot Singh, the complainant, PW-1, along with his younger brother, Jagmohan Singh, the deceased, was going on a tractor towards Bholath for some domestic work. Jagmohan Singh was driving the tractor, whereas Amarjot Singh was sitting on the left mudguard of the tractor. After they reached village Pandori Arayiyan, they were stopped by a Maruti car bearing registration no. PB-10-X 7079, driven by Accused No. 1, Manjit Singh, who parked it on the road in front of the tractor. On seeing the car, Jagmohan Singh, stopped the tractor in the middle of the road. Manjit Singh, armed with a .315 bore rifle, Paramjit Singh, father-in-law of Manjit Singh, armed with .12 bore gun, Jaswinder kaur, sister of Manjit Singh, and two unknown persons alighted from the car. One of the unknown persons was also armed