JUDGMENT

G.N. Ray, J.-This appeal is directed against judgment dated 21.2.1984 passed by the Punjab and Haryana High Court in Criminal Appeal No. 691-DB of 1981. By the impugned judgment, the High Court has set aside the order of acquittal dated 27.5.1981 passed in favour of the appellant by the learned Additional Sessions Judge, Sirsa in Sessions Trial No. 59 of 1980 and has convicted the appellant Bhagirath, accused No. 1 in the Sessions Trial under Section 302 IPC and sentenced him to suffer imprisonment for life and also to pay a fine of Rs. 20,000/- with a direction that if the fine was realised, it would be paid to the next heirs of the deceased as compensation.

2. The appellant and four other accused were committed to Sessions Trial No. 59 of 1980 for offences under Section 302 read with Section 34 IPC and section 120B IPC. The prosecution case in short was that on 29.5.1980 the accused Chhotu and Bhagirath hatched a conspiracy to murder one Nihal Singh and pursuant to such conspiracy, the accused had murdered Nihal Singh in 29.5.1980 in Mandi Dabwali. The accused Bhagirath was individually charged for offence under Section 302 IPC for causing the murder of Nihal Singh in the