Judgement

SINHA, J. : This is an appeal by special leave on behalf of two brothers, Gurucharan Singh and Jagir Singh, who have been convicted under S. 302, Penal Code and sentenced to transportation for life by the Second Additional Sessions Judge of Ferozepore. Their convictions and sentences have been upheld by a Division Bench of the Punjab High Court by its judgment dated 30-6-1954.

The petitioners had been placed on trial along with two others, named Harnek Singh and Munshi. All these four had been convicted and sentenced, as stated above, by the learned Sessions Judge; but on appeal, the High Court gave Harnek Singh and Munshi the benefit of the doubt and acquitted them.

2. The prosecution case, shortly stated, is that on 2-9-1953 the two petitioners along with the other two accused, who were acquitted as aforesaid by the High Court, left their village called Sanghu Dhawan, all armed with gandasas and were seen proceeding towards Muktsar town, about three miles away.

A short time after, Inder Singh accompanied by his son, Gurucharan Singh (P. W. 2) and Mohinder Singh (P. W. 4), who also belonged to the same village, left for Muktsar to purchase some chemical manure on a permi