JUDGMENT

Sirpurkar, J. —

1. This appeal is filed by the State of Punjab challenging the judgment dated 17.10.1997 in Criminal Appeal No. 319 of 1995 whereby the High Court, while partly allowing the appeal, altered the conviction and sentence of the appellants-accused from Section 302/34 IPC to Section 304 Part-I read with Section 34 IPC and sentenced them to undergo rigorous imprisonment for five years each and to pay a fine of Rs. 1,000/- each, in default of payment of fine to further undergo rigorous imprisonment for one year.

2. The prosecution case, in short, is as under:-

Desa Singh, Jessa Singh and Gurnam Singh were three brothers. On the night of 15.5.1993, Gurnam Singh, resident of village Pakan, Police Station Sadar Fazlika, District Ferozpur was sleeping in the threshing floor of his wheat field for guarding the wheat. According to the prosecution, the accused persons came there at about 10 p.m. in a drunken condition and took Gurnam Singh with them on the pretext of serving him liquor. This was allegedly seen by Santa Singh (PW5). Next day i.e. on 16.5.1993, in the morning at 6 a.m., Desa Singh (PW4), brother of deceased Gurnam Singh reached in the field to serve him tea