Judgment

Dr. ARIJIT PASAYAT, J.:-

1. Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court directing acquittal of respondents Bakhshish Singh, Balraj Singh and Gurmeet . Kaur while altering the conviction of respondent-Balbir Singh from one under Section 302 of the Indian Penal Code, 1860 (in short the IPC) to one under Section 304, Part 1, IPC. Learned Additional Sessions Judge Gurdaspur, had convicted each of the respondents for offence punishable under Section 302 read with Section 34, IPC.

2. Prosecution version as unfolded during trial is as follows:

Agricultural lands of Kabul Singh (PW4) and that of Mangal Singh (hereinafter referred to as the deceased), his nephew, and that of respondent-Bakhshish Singh and others adjoin each other and are located in the same vicinity in village Bhoa and fall within the jurisdiction of Police Station Sadar, Pathankot, District Gurdaspur. The land of Darshan Singh is also located nearby. About one week before the occurrence Darshan Singh was irrigating his land with canal water. The canal water over allowed through the Khal including the fields of Kabul Singh PW4 and entered into the fields of accus