According to the prosecution on the evening of September 6, 1972, appellant No. 1 summoned some persons suspected of having committed a theft to the Police Station; Banta (P.W.7) on being summoned through appellant No. 3 held reached the Police Station at about 4/5 p.m. while Vir Singh (P.W.6) and one Sukha Singh were personally brought by appellant No. l to the Police Station at about 7 p.m.; at about 10 p.m. appellants Nos. 2 and 3 and Ram Kishan went to the house of Balwant Singh, the deceased, and proclaimed that Balwant Singh was wanted by the appellant No. I at the Police Station whereupon Joginder Singh (P.W.4) his brother and other members of his family requested that Balwant Singh should not be taken to the police station at that odd hour and that they themselves would produce him before the S.H.O. on the following morning but their request went unheeded and reluctantly Balwant Singh and his servant Harnam Singh (PW5) went with the police party in a tempo driven by Som Nath (P.W.14) to the police station while Joginder Singh (PW4), Amarjeet Singh (P.W.12) another brother of Balwant Singh and two others followed the police party on their bicycles; on the way the police party told them (the witnesses) to go back, but Joginder Singh and his companions did not listen and followed the police party right up to the Police Station.