JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Punjab and Haryana High Court. The appellants had filed Criminal Appeal No. 24-SB of 1993 questioning the correctness of the judgment of learned Additional Judge, Amritsar sentencing each of the accused to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/- each with default stipulation for alleged commission of offence punishable under Section 307 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC). They were also convicted in terms of Section 324 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for one year each. Further each was convicted for offence punishable under Section 323 read with Section 34 IPC. The accusation which led to the trial of the accused person was that in furtherance of the common object of an unlawful assembly there was a murderous assault on Bhajan Singh (PW3) and for causing injuries on Malkha Singh (PW4). They were originally six accused persons and two of them namely Dilbagh Singh and Jaswant Singh were acquitted by the trial court.

3. The High Court after