JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment of the Division Bench of the Punjab and Haryana High Court dismissing the appeal filed by the accused-appellants. Three accused persons aced trial for alleged commission of offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’) for causing homicidal death of Jagbir (hereinafter referred to as the ‘deceased’). They were convicted by Additional Sessions Judge (First), Bhiwani, Haryana and each was sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/- with default stipulation.

3.Prosecution version sans unnecessary details is as follows :

“The accused and the deceased are residents of village Dhanana. Mst. Bhulan had a son, namely, Jagbir, the deceased, and a daughter, namely, Krishna. Both were married. On account of floods in the village, 15 days prior to the occurrence, Prem, wife of Jagbir had gone to her parental house. Due to floods in the streets of the village, Mst. Bhulan the complainant used to tether her cattle near Dharmashala Brahmchari Ashram and Jagbir used to sleep near the cattle. On 24.9.1995, at about