JUDGMENT

R.M. Lodha, J.—

Eight persons were sent up for trial to the Sessions Judge, Sonepat for the offences under Section 148, 302, 324 and 323 read with Section 149 IPC. The trial Court convicted four among them and acquitted the other four accused; one of the acquitted accused had died during the trial. The convicted persons were sentenced under Section 302 read with 34 IPC to the life imprisonment and varying period of imprisonments under other offences; fine with default stipulation was also imposed. All the four convicted persons filed appeal before the High Court of Punjab and Haryana. The High Court by its judgment dated November 30, 2005 affirmed the conviction and sentence imposed by the trial court. This appeal by special leave is preferred by these four convicted persons.

2. The prosecution version is this: on September 26, 1990, Suresh (PW-12) took his buffaloes to Delhi Canal. The buffaloes entered into the canal water. At the same time Ranbir (A-1) also brought his buffaloes to the canal. Ranbir asked Suresh to take out the buffaloes from the canal but Suresh refused to do so on the ground that the canal water was deep. At this, Ranbir pushed Suresh into the canal.