JUDGMENT

MOHAN M. SHANTANAGOUDAR, J.

This appeal is presented questioning the judgment dated 28.07.2009 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 168-DB of 2001, confirming the judgment of the Sessions Court, Narnaul dated 16.02.2001 passed in Sessions Case No. 5 of 2000, convicting the appellant/accused along with two other accused for the offence under Section 302 read with Section 34 of the Indian Penal Code (hereinafter “IPC”).

2. The case of the prosecution in brief is that on the intervening night between 6/7.11.1999, the first informant, Suresh Kumar, and his brother Krishan Kumar (the deceased), had gone to their field, which they had taken on Batai, for irrigation purposes; at about 1:30/2:00 AM on 07.11.1999, the informant sent Krishan Kumar to verify the water flow in the channel which passed through the ‘Dol’ of the field of Accused No.3 Hawa Singh; when Krishan Kumar was near his tubewell (situated near the middle of Hawa Singh’s field), the first informant heard noises of abuses, and on reaching the said place he saw Hawa Singh armed with a kulhari (axe), Accused No.1 Satpal armed with a dantali (sickle), and Accused No.2 Virende