JUDGMENT

Kirpal, J.-This judgment will dispose of Criminal Appeal Nos. 238/85, 522/84, 660/84, 10/85 and 133/85 whereby the High Court partly allowed the appeals of the respondents and converted the conviction of the appellants who are sentenced under Section 302 read with Section 149 I.P.C. to one under Section 304 Part-II read with Section 149 I.P.C.

2. Twelve persons were tried for an incident which had occurred on 7.7.1982 near Dharamshala of Village Baragudha it about 10 P.M. According to the F.I.R. which was lodged by one Munshi Singh PW 11, Sukhdev Singh, one of the appellants in these appeals who in the company with some other appellants went to the lane of Harijans in the said village and fired some shorts in the air. Accordingly, Munshi Singh PWII alongwith Jagga Singh deceased. Teja Singh, Balkishan, Prem Singh and Chhotta Singh PW12 set out for the Police Station Baragudha for reporting this matter. When they reached near the Dharmashala of the village it is alleged that they were confronted by Sukhdev Singh and Pritam Singh who were armed with a gun each, Major Singh, Mohinder Singh, Gurtej Singh son of Narain Singh and Amarjit Singh each of whom was armed with a pis