JUDGMENT

B.P. Singh, J.-The appellants in these appeals and special leave petitions are Suba Singh (A-1) and his son Shingara Singh (A-2). They were both tried by the Additional Sessions Judge, Sirsa in Sessions Trial No. 46 of 1991 charged variously of offences under Sections 302, 307, 302/34, 307/34 IPC and under Section 25/27 of the Arms Act. The learned Additional Sessions Judge by his judgment and order dated March 6, 1992 acquitted A-2 of all the charges levelled against him but found A-1 guilty of the offence under Section 304 Part I holding that he had exceeded his right of private defence. Accordingly, he sentenced A-1 to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 50,000/-, in default further to undergo rigorous imprisonment for a period of two years. Both the appellants were acquitted of other charges levelled against them.

2. Aggrieved by the judgment and order of the learned Additional Sessions Judge, Criminal Appeal No. 375-DBA of 1992 was preferred by the State of Haryana before the High Court of Punjab and Haryana at Chandigarh against the acquittal of A-2 under Sections 302 and 307 read with Section 34 IPC. Suba Singh preferred Cr