JUDGMENT

Dr. ARIJIT PASAYAT, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Himachal Pradesh High Court setting aside the acquittal recorded by learned Additional Sessions Judge, Kangra, Dharamshala. Three accused persons Bhola, Prithu and Dharmu faced trial for alleged commission of offence punishable under Sections 302 read with 34 of the Indian Penal Code, 1860 (in short the `IPC'). The High Court by the impugned judgment set aside the order of acquittal and directed each of the accused persons guilty of offence punishable under Section 304 Part I, IPC read with Section 34 IPC and sentenced each to undergo rigorous imprisonment for seven years and to pay a fine of Rs.5,000/-.

2. Background facts in a nutshell are as follows:

Fandi Ram (hereinafter referred to as the `deceased') owed certain amount to Prehlad Chand (PW-10), merchant of village Boh on account of purchases made on credit. Appellant is son of PW-10. On 14.2.1992 at 8.00 a.m. the accused appellant visited house of Fandi Ram and demanded payment due to his father. Fandi Ram told Bhola that he had to take loan from the society and would make payment. Bhola who was carrying a b