JUDGMENT :

R. Banumathi, J.

Criminal Appeal No. 1817 of 2009 :

1. Being aggrieved by the conviction under Sections 302 r/w 149 I.P.C. and the sentence of life imprisonment, the appellants have preferred this appeal.

2. During the pendency of the appeal, it is stated at the Bar that appellants no.1-Manphool Singh (A-1), No.2-Rattan Singh (A-2) and No.4-Zile Singh (A-6) have died and the only contesting appellant i.e. appellant no.3-Surender Singh (A-5) is alive.

3. Summary of the case and details are briefly stated. Case of the prosecution is that due to previous enmity, on 14th March, 1994 when deceased no.1, Gopi Chand, and deceased no.2, Mahabir, were sitting at the house of Harpal, appellants and other co-accused (since acquitted) are alleged to have attacked the complainant party. Due to the said attack Gopi Chand (D-1) and Mahabir (D-2) died. Accused, Surender Singh, Zile Singh and Rattan Singh are said to have attacked Gopi Chand (D-1) with lathis and accused-Manphool Singh fired at Mahabir (D-2) with a gun.

4. To bring home the guilt of the accused before the trial court, the prosecution has examined three witnesses, namely, Harpal (PW-9), Manphool (PW-10) and Mahendra (PW-11) who