JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Challenge in this appeal is to the judgment and order of the Division Bench of Punjab and Haryana High Court, allowing the appeal filed by the respondent State. By the impugned judgment the Division Bench set aside the order of acquittal passed by the learned Sessions Judge, Bhatinda and convicted both the appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short ‘IPC’). The appellants-accused were sentenced to suffer imprisonment for life and to pay a fine of Rs. 10,000/- each with default stipulation.

2. The prosecution version as unfolded during the trial is as follows:

A land dispute had been going on between Mukhtiar Singh and his brother Babu Singh (hereinafter referred to as ‘deceased’) which had ended in favour of the deceased. Mukhtiar Singh was aggrieved thereby. His two sons Gurmail Singh and Harbans Singh had caused injuries to the deceased which resulted into fracture of his leg and thereafter Harbans Singh son of Mukhtiar Singh was murdered by deceased and his son Buta Singh. On 15.04.1994, the deceased and his family members which included his wife Surjit kaur, son Makhan