JUDGMENT

D.P. Wadhwa, J.-The two appellants were tried for offence under Section 302/34 Indian Penal Code (for short IPC ). They were acquitted by the Sessions Judge, Jalandhar by judgment dated January 8, 1991. Against their acquittal State of Punjab filed appeal in the Punjab and Haryana High Court. The complainant also filed revision in the High Court assailing the order of acquittal by the Sessions Judge. High Court by the impugned judgment dated January 20, 1998 allowed the appeal as well as the revision and set aside the acquittal of the appellants. High Court convicted the second appellant Ravinder Singh alias Khanna under Section 302 IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs. 5000/- and in default of payment of fine to undergo further rigorous imprisonment for six months. First appellant was convicted under Section 302/34 IPC and similarly sentenced.

2. It is submitted before us that the High Court wrongly exercised its jurisdiction in setting aside the acquittal of the appellants, when Sessions, Judge in a well considered judgment, having weighed all the pros and cons of the case, had rightly acquitted the appellants. It could not be said that the conclusions arrived at by the Sessions Judge were perverse for the High Court to intervene.

3. To appreciate the submissions of the appellants we may examine the record of the case.

4. It is not disputed that Gurdev Singh died a homicidal death on November 6, 1989. He was a Granthi of Gurudwara of village Talwandi Fattu. A fornight or so before the fateful day when Gurdev Singh was murdered the appellants had visited him. They told him to vacate the office of Granthi of Gurudwara of that village as they themselves wanted to assume the charge of office of Granthi of that Gurudwara. Gurdev Singh was threatened that in case he did not heed to their demand he would be done to death.

5. On November 6, 1989 Gurdev Singh with his son Hardip Singh (PW-2) was going on a bicycle to village Jagatpur in order to withdraw the money from his account in the Cooperative Bank there. Hardip Singh was pedaling the cycle while Gurdev Singh was sitting on its carrier. Around 12 O clock when they reached the metalled road near the field of one Gurmej Singh resident of Jagatpur, they saw the appellants sitting near a tree. They got up and intercepted Gurdev Singh and Hardip Singh. Bot got down from their cycle. Appellant Narinder Singh proclaimed that they would teach Gurdev Singh a lesson, as he had not vacated the office of Granthi of the Gurudwara as per their demand. He grabbed Gurdev Singh from his arms while the second appellant Ravinder Singh alias Khanna took out a gatra kirpan, which he was wearing and stabbed Gurdev Singh with gatra kirpan on the left side of his neck. Gurdev Singh after receiving the kirpan blow fell down. Appellants then advanced towards Hardip Singh menacingly. Hardip Singh ran away in order to save himself. Appellants chased him for a while and then abandoned the chase after some distance. Hardip Singh looked back and when he found that chase had been given up he returned to the spot where his father had been stabbed. He found his father Gurdev Singh dead. At that time Bikar Singh Lambardar (PW-3) came there. Hardip Singh left Bikar Singh at the spot to guard the dead body of his father and he himself went to the Police Station, Banga to lodge a report. However, Hardip Singh met Sub-Inspector Man Singh (PW-6) at the bus stand, Gunachaur. S.I. Man Singh was the Additional S.H.O. of Police Station, Banga. Hardip Singh made statement (Ex. PD) before S.I. Man Singh on the basis of which a case under Section 302/34 IPC was registered at Police Station, Banga and a formal FIR registered against the appellants. Thereafter S.I. Man Singh accompanied by Hardip Singh came to the place of the occurrence. He prepared the inquest report on the dead body of Gurdev Singh. He inspected the spot, lifted blood stained earth from the place where the dead