Judgment

K.G. Balakrishnan, J.—The Additional Sessions Judge, Bhatinda, tried four accused for the offences punishable under Section 302 read with Section 34 IPC. Initially, the final report filed by the police was against five ­accused, but one of the accused was discharged. The Sessions Judge acquitted all the four ­accused. The State of Punjab filed a criminal appeal against the acquittal of the accused persons and the de-facto complainant filed a revision challenging the acquittal. The appeal and the revision were considered by the High Court and the Division Bench found all the four ­accused guilty of the offences punishable ­under Section 302 read with Section 34 IPC and each one of them was sentenced to undergo im­prisonment for life and to pay a fine of Rs. 2,000/-, with a default sentence of six months further imprisonment. Aggrieved by the findings of the High Court, A-2 and A-3 have filed Criminal Appeal Nos. 776-777 of 2004 and the fourth accused, Balbir Singh has filed Criminal Appeal Nos. 713-714 of 2004. During the pendency of the appeal before the High Court, the first accused, Gorkha Singh passed away.

2. The incident giving rise to these appeals happened on 1.10.19