JUDGMENT

D. Raju, J.-These two appeals are dealt with together, since they relate to the same occurrence and arise out of a common judgment of the court below. The appellant in Criminal Appeal No. 634 of 2001 was accused No.1 and the third accused is appellant in Criminal Appeal No. 1191 of 2001. These two along with Harvinder Singh (A2), Tikka Singh (A4) and Jaswant Singh (A5) stood charged before the learned Additional Sessions Judge, Yamuna Nagar at Jagadhri, under Sections 302, 148 and 149 of the Indian Penal Code, for having caused the death of Naresh Kumar, brother of PWs-8 and 10, and son of PW-11, at about 8 or 8.30 P.M. on 9-11-1990. Accused Nos. 1 and 2 are own brothers and son of one Baldev Singh, accused No. 3 is the brother s son of Baldev Singh and cousin of A1 and A2, and while A4 is the friend of Baldev Singh, A5 is the servant of Baldev Singh. After trial, the learned Trial Judge by his Judgment dated 7.10.1995 found A1 (Jagtar Singh) guilty under Section 302, IPC, and acquitted all others holding that the prosecution has not been able to prove the charges against them beyond all reasonable doubt. A1 was consequently sentenced to undergo rigorous imprisonment for li