JUDGMENT :

Abhay Manohar Sapre, J.

This appeal is filed by the three accused persons against the final judgment and order dated 11.02.2008 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No. 65-DB of 1999 whereby the Division Bench of the High Court allowed the appeal in respect of eight accused persons and acquitted them from the charges under Sections 148, 302/149, 323/149 and 506/149 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") but dismissed the appeal in respect of the three accused persons (appellants herein) and convicted them under Section 302/34 IPC instead of Section 302/149 IPC.

2. In order to appreciate the controversy involved in this appeal, it is necessary to set out the facts in detail hereinbelow.

3. Eleven (11) accused persons (hereinafter referred to as "A-1 to A-11") were tried for the offences punishable under Sections 148, 302/149, 323/149 and 506/149 IPC for committing murder of one lady - Mahendro Bai in Sessions Case No. 19 of 1997.

4. Additional Sessions Judge, Faridabad, by judgment/order dated 04.12.1998, convicted all the accused (A-1 to A-11) under Sections 148, 302/149, 323/149 and 506/149 IPC and according