ORDER

Heard learned counsel for the parties.

2. This Appeal has been filed against the impugned judgment of the High Court of Punjab and Haryana dated 04.12.2006.

3. The facts have been set out in the impugned judgment and hence we are not repeating the same here except where necessary.

4. In brief, the prosecution case is that on 24.4.92 at about 8.30 p.m., the 3 accused came to the house of Raja Singh. Later, one of them fired at Baggar Singh on his right thigh. Baggar Singh fell down. Then the accused took away the deceased Hoshiar Singh towards village Heerawala. After about 20 minutes the sound of 3 or 4 shots was heard. Next morning the dead body of Hoshiar Singh was found.

5. The trial Court convicted Jagga Singh to 7 years R.I. and a fine under Section 307 IPC. Jagtar Singh and Kaka Singh were also sentenced to 7 years R.I. and a fine. The appeals of the accused to the High Court were dismissed, but the appeal of the State regarding acquittal of the accused under Section 302 read with Section 34 was allowed, and they were convicted under Section 302. Hence, this appeal.

6. On the facts of the case, we are of the opinion that the appellants are entitled to get the benefit of