Judgment

JASWANT SINGH, J.:- The appellants, Bakhtawar and his son, Sathir, who were charged and tried under Section 302 read with Section 34 of the I. P. C. (hereinafter referred to as the Penal Code) for causing the death of one Balbir Singh, their co-villager, were convicted under S. 304, Part II of the Penal Code and were sentenced to ten years rigorous imprisonment and a fine of Rs. 500/- each by the Sessions Judge, Rohtak by his judgment and Order dated May 15, 1971. While the appellants preferred an appeal to the High Court against their conviction and sentence, the State filed an appeal against the aforesaid judgment and order of the Sessions Judge acquitting the appellants of the offence under S. 302 read with S. 34 of the Penal Code. The High Court by its judgment and Order dated Sept. 16, 1971 found that the prosecution had succeeded in establishing the guilt of the appellants under Section 302 read with Section 34 of the Penal Code. Accordingly, it altered the conviction of the appellants from the one under S. 304 Part II read with S. 34 of the Penal Code to that under S. 302 of the Penal Code and enhanced the sentence of each of them to life imprisonment remiting the fi