ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court holding that the respondent deserves to be acquitted and the judgment of conviction and sentence as recorded by learned Additional Sessions Judge, Bhiwani is not correct. It is to be noted that learned Sessions Judge had found the respondent guilty of offence punishable under Section 304 of the Indian Penal Code, 1860 (in short the 'ipc') and was sentenced him to rigorous imprisonment for 10 years and fine with default stipulation. However the two co-accused persons Jai bhagwan and Anant Ram were acquitted.

( 2 ) BACKGROUND facts as projected by the prosecution are as follows: on 22. 3. 1989, it was PHAG festival. PW-4 Sher Singh, brother of nafe Singh (PW-3) had gone to the Bazar for playing PHAG. However, nafe Singh (PW-3) and his father Chandgi Ram (hereinafter referred to as the 'deceased') remained at the house. Naresh Kumar, nephew of Nafe Singh, visited them at about 3 pm and informed that Sher Singh (PW 4) had been beaten by carpenters of their village. On receipt of this information, PW-3 Nafe Singh alongwith his father Chandgi Ram went toward