JUDGMENT

S.A. BOBDE, J.

1. This appeal has been preferred by the accused Gurjit Singh alias Gora and Surjit Singh alias Sukha, from the Judgment of the High Court of Punjab and Haryana at Chandigarh, convicting the appellants – accused under Section 302 read with Section 34 of the Indian Penal Code [hereinafter referred to as “IPC”] for the murder of Jagsir Singh on 17.10.1998 at about 2.15 pm at village Ganga (Dabwali), District Sirsa, Haryana.

The relationship between the parties is as follows:  

         MIYAN SINGH

      GURDIAL SINGH    MUKHTIAR

      X     SINGH

SURJIT KAUR

      GURJIT SINGH    SURJIT SINGH ALIAS SUKHA    JAGSIR SINGH       MANDER SINGH

       ALIAS GORA      X    X    X    

    KULDEEP KAUR SUKHWINDER KUER     PARAMJIT KAUR

2. According to the prosecution, on 17.10.1998 at about 2.15 p.m., Jagsir Singh left his home to go to a shop for purchasing Zarda (chewing tobacco). His house was adjacent to the house of the accused. Soon thereafter, his brother Mander Singh (PW13), his wife Sukhwinder Kaur (PW14) and Paramjit Kaur heard hot words being exchanged between Jagsir Singh (deceased) and the accused. Mander Singh along with Sukhwinder Kaur went out o