Judgment

D.P. Wadhwa, J.-Appellants Jangeer Singh and Harbans Singh have filed this appeal against the judgment of the Division Bench of the Rajas­than High Court convicting the appellant Jangeer Singh for an offence under Section 326 read with Section 34 Indian Penal Code (for short ‘IPC’) and appellant Harbans Singh under Section 302 IPC. While Har­bans Singh has been sentenced to imprisonment for life and a fine of Rs. 200/- and in default thereof to undergo simple imprisonment for two months, Jangeer Singh has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200/- and in default of payment of fine to undergo simple imprisonment for two months.

2. Both the appellants were tried by the Sessions Judge, Sriganganagar, for an offence under Section 302 read with Section 34 IPC. Sessions Judge, however, acquitted both the appellants. Against that judgment State of Rajasthan filed an appeal in the Rajasthan High Court challenging their acquittal. By the impugned judgment High Court allowed the appeal convicting and sentencing the appellants as afore­said.

3. On report lodged with the police by Kashmir Singh, brother of deceased Jeet Singh, case unde