Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. This appeal by special leave is against a judgment and order dated 25.2.2008 passed by a Division Bench of the High Court of Punjab & Haryana at Chandigarh affirming a judgment of conviction and sentence dated 9.9.1998 passed by the Sessions Judge, Rohtak convicting the appellants herein for commission of an offence under Section 302/34 of the Indian Penal Code (for short, "IPC")

3. A First Information Report (for short, "FIR") was lodged on 8.10.1994 at about 5.50 p.m. by Prem Singh (P.W.1) inter alia alleging that Chand Ram, Ajmer and Dilbagh and the appellants (Prem Singh and Karambir @ Pappu) herein were responsible for causing death of his brother Krishan (the deceased).

They were charged under Sections 148 and 302/149 of the IPC.

The prosecution in order to prove its case examined six witnesses.

4. P.W. 1 in his deposition before the learned Sessions Judge stated that on the date of occurrence he was in his Bajra field along with the deceased. At about 1.00 p.m. one Samunder and accused Ajmer were taking their bullock cart through their mustard crop which was objected to by the deceased as a result whereof they were forced to tak