JUDGMENT :

V. Gopala Gowda, J.

Delay condoned.

2. Leave granted.

3. The present appeal arises out of the impugned judgment and order dated 29.05.2012 passed in Crl. Appeal No.367-DB of 2002 by the High Court of Punjab & Haryana at Chandigarh, whereby the High Court dismissed the appeal filed by the appellant upholding the judgment and order of the learned District & Sessions Judge, Fast Track Court, Hisar in Criminal Case No.37 S.C. whereby the learned Sessions Judge had convicted the appellant under Sections 302, 323 read with 34 of the Indian Penal Code (hereinafter referred to as "IPC") and sentenced him to undergo imprisonment for life, along with a fine of Rs.200/-. The appellant was also directed to pay a fine of Rs.200/- under Section 323 of IPC. In case of default of payment of fine of Rs. 400/-, the appellant was further directed to undergo rigorous imprisonment for one month.

4. Brief facts of the case are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties:-

5. The prosecution case before the Trial Court was that on 28.05.1999 FIR No. 281 of 1999 was registered at Police Station, Sadar Hisar against Om Prakash, Gulzari and Kuldeep for comm