JUDGMENT :

R. Subhash Reddy, J.

1. Leave granted.

2. These appeals are filed against the final judgment and orders dated 08.02.2019 and 01.03.2019 passed by the High Court of Punjab & Haryana at Chandigarh in Criminal Appeal No.713 of 2003. High Court has modified the conviction from Section 302 IPC to Section 304 Part-I r/w Section 34, IPC, and sentenced to 12 years’ rigorous imprisonment and a fine of Rs.10,000/-. The conviction under Section 201 IPC was maintained.

3. It is alleged that, the appellant and the deceased had a sudden fight as the deceased had stolen the pigeon of the appellant and in the heat of passion upon a sudden quarrel, the co-accused (Kehar Singh) who had rod with him, gave a blow with the rod on the right side of the head of the deceased resulting in his death. It is further alleged that, thereafter the appellant and co-accused have thrown the dead body of the deceased in the minor canal.

4. Before the trial court, the co-accused was charged for offence under Sections 302 and 201 IPC, whereas the appellant was charged for offence under Sections 302/34 and 201 IPC. They were convicted by the Sessions Court for the aforesaid offences and they were sentenced to rig