JUDGMENT

Dr. ARIJIT PASAYAT, J. —

1. Challenge in these appeals is to the order passed by a Division Bench of the Punjab and Haryana High Court directing acquittal of respondent No.1-Jagat Paul and converting conviction of rest of three respondents. By the common judgment relating to two appeals i.e. Criminal Appeal No. 193-DB of 1995 and Criminal Appeal No. 330-DB of 1995, Respondent-Jagar Paul -appellant in Criminal Appeal No. 193-DB of 1995 was acquitted while in the other appeal the three appellants were held guilty of offence punishable under Section 325 of the Indian Penal Code, 1860 (in short the ‘IPC’) read with Section 34 IPC by the High Court. Accordingly their conviction for offence punishable under Section 302 read with Section 34 IPC was altered.

2. The background facts in a nutshell are as follows:

“Krishan, son of Deceased (hereinafter referred to as ‘deceased’) had gone to the village for fetching desi ghee. Prabhu (PW-9) the complainant was sitting in the house of deceased and were discussing about the matrimonial alliance. Saraswati wife of Prabhu came there and told that Krishan and accused Dalip accused were exchanging hot words near a culvert on the road near t