ARIJIT PASAYAT, J.

( 1 ) STATE of Haryana is in appeal against the judgment of a Division Bench of the Punjab and Haryana High Court upholding the judgment of acquittal passed by learned additional and Sessions Judge, Kurukshetra.

( 2 ) THE respondents, three in number, were charged for 'commission of offences punishable under Sections 302 and 323 read with Section 34 of the Indian penal Code, 1860 (in short 'ipc' ).

( 3 ) THE factual position as projected by the prosecution is as follows: 3. 1. On 9. 2. 1993 at about 8. 00 A. M. ,dev singh was heading from the house to his fields carrying a Sutli and Sua for the purpose of stitching the bags in which potatoes were to be packed and he had hardly covered a distance of 4/5 yards when he found accused balkar Singh, Chuhar Singh, Surinder Singh, sher Singh (hereinafter referred to as 'deceased') and injured Shamsher Singh standing near the tubewell of Chuhar Singh, where a drain existed and some water had stagnated by the road side, because the height of the drain was more than the height of the road and some water had tricked inside the house of Harbans Singh. Sher Singh and shamsher Singh requested Balkar Singh and chuhar Singh to dee