JUDGMENT

A.M. Khanwilkar, J.

This appeal takes exception to the judgment and order dated 13th March, 2008 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 241-DB of 1999, whereby the conviction and sentence awarded to the appellants Rohtas (Accused No. 1) and Surender Singh (Accused No. 2) for offences punishable under Section 302/34 of the Indian Penal Code, 1860 (IPC) by the Trial Court came to be confirmed.

2. Initially, six accused were tried for the offence registered as FIR No. 298 on 26th April, 1998 at Police Station, City Palwal. Bishan Singh (PW-1) reported the matter to the police station whose statement came to be recorded on 25th April, 1998 at about 11.30 p.m., alleging that at about 6.30 p.m. a quarrel had taken place between two groups. He was member of one of the groups whereas Roop Chand (Accused No. 4) was member of another group that had assaulted his brother Ved Prakash and nephew Anil Kumar. They had sustained injuries and were taken to Government Hospital, Palwal by Bishan Singh (PW-1), Rati Chand (father of Anil Kumar) and Baljit Singh (PW-2) for treatment. At about 8.30 p.m., when they were standing at the gate of Government