JUDGMENT

G.P. Mathur, J.-This appeal has been preferred by the complainant (first informant) against the judgment and order dated 26.9.1991 of High Court of Punjab & Haryana by which the appeal preferred by the accused-respondent was allowed and the judgment and order dated 28.7.1989 of Additional Sessions Judge, Sangrur by which they had been convicted and sentenced was set aside. The learned Additional Sessions Judge had convicted accused Surjit Singh under Section 302 IPC and the remaining three accused, namely, Balwinder Singh, Avtar Singh and Mal Singh under Section 302 read with Section 34 IPC and had sentenced each of them to imprisonment for life and a fine of Rs.5,000/- and in default to undergo six months rigorous imprisonment. The accused were further convicted under Section 307 IPC and were sentenced to rigorous imprisonment for four years and a fine of Rs. 500/- each and in default to undergo two months rigorous imprisonment. All the sentences were ordered to run concurrently.

2. The case of the prosecution, in brief, is that at about 7.00 p.m. on 23.5.1987 the complainant, Amar Singh along with his sons Lakha Singh, Gurbachan Singh and Bhan Singh and two others namely,