Judgment

Nanavati, J.-Both these appeals arise out of the judgment of the Punjab and Haryana High Court in Crl. Appeal No. 579/DB/1986. The High Court acquitted all the accused who were convicted by the trial Court. Criminal Appeal No. 659/89 is filed by Pohap Singh P.W. 13, father of the deceased Bir Pal. Criminal Appeal No. 660/89 is filed by the State.

2. It was the prosecution case is that while Pohap Singh along with his son Bir Pal and complainant Umed Singh were passing through a public street and had reached near the house of Abhey Singh, they were attacked by Abhey Singh and 6 others in view of the previous enmity. As a result of the said attack all the three of them and four others who had come to their rescue received injuries. Bir Pal succumbed to the injuries soon after the incident. All of them were, therefore tried for offences punishable under Sections 148, 302 read with 149, 325 read with 149 and 324 read with 149 I.P.C. The trial Court relying upon the evidence of Pohap Singh, P.W. 13 and Hukam Singh, P.W. 12 convicted accused Abhey Singh and Ram Kumar for the offence punishable under Section 302 read with Section 34 I.P.C. Rest of the accused were convicted under S