Per Hon™ble Khalid CJ.

1. These two appeal are against the conviction and sentence of Balwant Rai who was tried alonwith his father for offence punishable under section 302 read with section 34 R.P.C. In a short judgement pronounced on 26-12-1983, we allowed the appeals and set aside the conviction and sentence against him. Our reasoned Judgement follows :-

2. Nand Lal and his two sons Balwant Rai and Karan Singh were accused of having committed five murders. According to the prosecution, there was long standing enemity between Nand Lal on the one hand and Bua Ditta and Tarsem Lal on the other. There was an attempt to settle the disputes between them and accordingly a meeting was convened on 26-4-1975 at 7pm at the resident of Mela Ram Chand, Kans Raj, Jhalla Ram and Balwant Rai participated. When the talks of compromise were going on, Karan Singh came to the place and took Balwant Rai with him. After some time Karan Singh came again and asked Bua Ditta to accompany him to the Haveli to see his father Bua Ditta left the meeting and went alongwith Karan Singh. After a short while Nand Lal came and asked Resal Chand to accompany with him telling that Bua Ditta was calling him. Resal

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