JUDGMENT

RANJAN GOGOI, J.

1. Aggrieved by the affirmation of the conviction and sentence of the appellants made by the High Court of Punjab & Haryana this appeal has been filed upon grant of special leave under Article 136 of the Constitution. Specifically, the appellant No. 4 Kamal Kumar has been convicted under Section 302, Section 324 and Section 323 read with Section 34 of the Indian Penal Code. He has been sentenced to undergo RI for life for the offence under Section 302 IPC whereas for the offences under Sections 324 and 323/34 IPC he has been sentenced to undergo RI for 2 years and 1 year respectively. Insofar as appellants 1, 2 and 3 are concerned, they have been found guilty of the offence under Section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo RI for life. The aforesaid accused appellants have also been found guilty of the offences under Section 324 read with Section 34 and Section 323 of the Indian Penal Code and have been sentenced to undergo RI for 2 years and 1 year respectively.

2. The prosecution case, which has been held to be established by the learned courts below, is to the effect that on 14.1.1991 at about 7.00 a.m. when PW-2 Ra