Judgment

SEN, J. - This appeal by special leave is directed against the judgment passed by Punjab and Haryana High Court dated Jan. 10, 1975 setting aside the judgment and sentences passed by the Sessions Judge, Hoshiarpur dated Feb. 13, 1974 convicting respondent No. 1 Mann Singh for having committed an offence punishable under Sections 304, Part II and 323 of the I. P. C., 1860 and sentencing him to undergo rigorous imprisonment for 7 years and 9 months. respectively, and his son Balbir Singh, respondent. No. 2, for an offence under Ss. 304, Part II and 323 both read with S. 34 of the I. P. C. and sentencing him to suffer rigorous imprisonment for 3 years and 6 months respectively. On appeal, the High Court has upheld the conviction of respondent No. 1 Mann Singh but reduced his sentence to the period already undergone i. e. for a period of 20 months and to a fine of Rupees 2,000/- or in default to suffer further rigorous imprisonment for two years, but acquitted his son Balbir Singh, respondent No. 2 of both the offences.

2. The prosecution case in brief is as follows: On the date of occurrence i.e. on June 22, 1973, early in the morning Mst. Lila Wanti, wife of the accused Mann S