JUDGMENT :

B.R. GAVAI, J.

1. This appeal arises out of the Judgment and Order passed by the High Court of Punjab and Haryana, vide which it set aside the conviction of the present appellant – Ram Pratap under Section 120-B of IPC, while maintaining the conviction for the offence under 302 of the IPC. The High Court also confirmed the sentence of life imprisonment. In so far as the acquittal of the other accused are concerned, the High Court maintained the same.

2. The prosecution story in a nutshell is that the deceased - Om Prakash was on visiting terms with the present appellant/ accused- Ram Pratap. On 13th December 2007 at 10:00 AM, the accused Ram Pratap visited the house of the deceased - Om Prakash and after taking tea both went together. At 12 midnight, the present appellant - Ram Pratap along with others came to the house of deceased with his dead body in a jeep. He met Jagdish Chander (PW - 4), the brother of the deceased and told him that the deceased died at his house. On the basis of the complaint of Jagdish Chander (PW-4), an FIR came to be registered. Upon completion of the investigation, a chargesheet was filed against the four accused persons.

3. In so far as the evide