JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment of a Division Bench of the Allahabad High Court setting aside the conviction of the respondents for offences punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short ‘the Act’) and Section 20l, IPC. Each of the respondents was sentenced to undergo imprisonment for life for the offence relatable to Section 302/34 IPC and four years’ for the other offence.

2.The prosecution case in a nutshell is as follows :

“Dal Chand (hereinafter referred to as the ‘deceased’) along with his wife Smt. Raj Kaur, the informant (PW-1) and their son Paramjeet Singh (PW-7) had gone to graze their cattle. At about sunset time on their way back to their house they reached the courtyard of Ganga Ram. They were accosted by the appellants who came out from behind the bushes. Accused Ram Veer Singh was armed with a gandasa, Suresh was holding a Ballam and Chet Ram was possessing a lathi. They started belaboring the deceased Dal Chand, with their respective weapons by saying that he should not be spared. The cries of the above witness and the victim attracted Chottey, Ganga Ram and Dhyan Singh all resid