JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court upholding the conviction of the appellants for offences punishable under Section 302 read with Section 34 and Section 452 of the Indian Penal Code, 1860 (in short the ‘IPC’). Though they were charged of several other offences they were acquitted of those charges. In the appeal filed by the appellants before the High Court there were several co-accused i.e. Jagdish, Devinder, Balwan and Murti Devi. Accused Jagdish and Devinder who were convicted under Section 323 read with Section 34 and Section 452 IPC. The other two accused persons i.e. Balwan and Murti were acquitted of all charges.

3. Prosecution version in a nutshell is as follows:

On March 20, 2000 at 4.00 p.m. Man Singh was sitting near the gate of his house, while members of his family were present inside the house. Hawa Singh, Parkash and Jagdish armed with swords, Balwan and Devender @ Raju armed with lathis, their sister Murti armed with rapri and their mother Gindori armed with pharsa came there. They entered the house and upon exhortation that a lesson be taught to