JUDGMENT

Arijit Pasayat, J.-Appellants call in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court whereby the conviction made and sentence imposed by the Trial Court was affirmed so far as the appellants are concerned. Four persons faced trial for allegedly causing homicidal death of one Kaushal Singh (hereinafter referred to as the deceased ) after abducting him. All the four accused persons faced trial for the offences punishable under Sections 364, 302, 323 read with Section 34 of the Indian Penal Code, 1860 (for short the IPC ). They were found guilty of the charged offences. Sentences of life imprisonment, rigorous imprisonment for 10 years and two months respectively were imposed for three offences, and fine with default stipulation in case of non-payment of fine. The High Court in appeal held accused Mahabir Singh and Rakesh (A-2 and A-4 respectively) to be not guilty and directed their acquittal, but maintained the conviction and sentence so far as appellants are concerned.

2. The prosecution version as unfolded during trial is essentially as follows:

Deceased and appellant No.1 (Narain Singh) were brothers. Appellant Hamir Si