Kanwaljit Singh Ahluwalia, J. (Oral):- Criminal appeal No.1023-SB of 1997 has been preferred by Dalip Singh son of Phoola Ram; his son-in-law Suraj Bhan @ Surja and his son Sant Kumar aggrieved against the judgment dated 09.12.1997 and order dated 12.12.1997 passed by the Court of Additional Sessions Judge, Kurukshetra, whereby they have been acquitted for the offences under Section 307 IPC but have been convicted for offences under Section 326 read with 34 IPC to five years RI.

2. Prosecution case can be noticed from FIR (Ex.PC/2). FIR was lodged at the instance of Charanjit Kaur PW-2, who stated that her husband is in a service in Engineering College and they are residing in Kurukshetra in the house of Om Parkash. In the same house, one Subhash was also tenant. He was also employed in Engineering College. The three accused were residing adjacent to the house, where complainant was residing. Suraj Bhan, Sant Kumar and his father in law Dalip Singh were engaged in the business of selling and repairing coolers. It is stated that husband of the complainant got a cooler repaired from appellant Suraj Bhan and Sant Kumar. Sant Kumar is said to have come to the house of complain