Judgment

ARIJIT PASAYAT, J.

( 1 ) QUESTIONING correctness of judgment directing acquittal of the respondents as passed by the Punjab and Haryana High court, the State of Punjab has filed this appeal. Respondents were charged for commission of offence punishable under section 302 read with section 34 of the indian Penal Code, 1860 (in short the ipc ). Originally, there were four accused persons. The learned sessions judge, bathinda vide his judgment dated 19. 9. 1994 held that the present two respondents Phola Singh and Balkur Singh were guilty of offences punishable under section 302 read with section 34 IPC and were sentenced for imprisonment for life and to pay a fine of Rs. 2,000/- each with default stipulation. Other two accused i. e. Raja Singh and Goga Singh were given the benefit of doubt. While the convicted accused questioned the legality of their conviction, a revision was filed to seek conviction of the acquitted accused and enhancement of the sentence passed against the convicted accused.

( 2 ) PROSECUTION version as unfolded during trial is as follows: 2. 1. On 11. 6. 1991 Mandip Singh (hereinafter referred to as the deceased) suffered homicidal death. The incident took