Sir John Beaumont. -

This is an appeal against a judgment of the High Court of Judicature at Lahore dismissing an appeal by the three appellants against a judgment of the Sessions Judge, Shahpur District, at Sargodha, convicting the appellants of the murder of one Naman and sentencing appellants 1 and 3 to death and appellant 2 to transportation for life. The High Court confirmed the said death sentences. At the conclusion of the arguments, their Lordships announced that they would humbly advise His Majesty that the appeals should be dismissed, and they now give their reasons for such advice.

The learned Judges of the High Court accepted the evidence of three eye-witnesses Raja Sarwar Khan (P.W. 11), Barkat (P. W. 13), and Samand (P. W. 15) as to the manner in which the murder was carried out. The story of these three witnesses, which was in substantial agreement, was that they heard a commotion at the dera of one Gahra, that they saw appellants 2 and 3 beating with sticks Naman who was on the ground, and they saw appellant 1, Mamand, grappling with Gahra. The three witnesses ran towards the disturbance, Raja Sarwar Khan and Samand shouting that the assailants should be caught. Befor