JUDGMENT

Abhay Manohar Sapre, J.

1. This appeal is filed by the accused against the final judgment and order dated 22.12.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 910-SB of 1998 which arose from the order of conviction and sentence dated 06.10.1998 and 07.10.1998 respectively passed by the Sessions Judge, Karnal in Sessions Case No. 37 of 1996/Session Trial No. 9 of 1997 convicting the accused persons under Section 304 Part II read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentencing them to undergo imprisonment for five years and to pay a fine of Rs.1000/-each. By impugned judgment, the High Court dismissed the appeal in respect of the present appellant–accused by upholding his conviction and sentence and allowed the appeal in respect of the co-accused by acquitting him of the charge.

2. Facts of the case need mention in brief to appreciate the issue involved in this appeal.

3. Harwant Singh/Harbans Singh, (PW-3)-first informant and the accused persons are related to each other. Kapoor Singh (since deceased), father of PW-3 was having three brothers, namely, Amar Singh, Gurnam Singh and Suri