Judgment

KHANNA, J. :- Harchand Singh, Jaswant Singh, Jaswinder Singh, Sadhu Singh, Gajjan Singh and Labh Singh were tried in the court of Additional Sessions Judge Ludhiana in connection with an occurrence which resulted in the death of Ajaib Singh. The trail court acquitted Sadhu Singh, Gajjan Singh and Labh Singh. Harchand Singh and Jaswant Singh were convicted by the trial court under Section 304 Part II read with S. 34 Indian Penal Code and each of them was sentenced to undergo rigorous imprisonment for a period of seven years. Jaswinder Singh was convicted under Section 323 Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of one year. Two cross appeals were thereafter filed in the Punjab & Haryana High Court. One of the appeals was by Harchand Singh, Jaswant Singh and Jaswinder Singh, challenging their conviction. The other appeal was by the State of Punjab wherein it was prayed that the conviction of Harchand Singh, Jaswant Singh and Jaswinder Singh should be under Section 302 read with Section 34 Indian Penal Code. The High Court acquitted Jaswinder Singh. The appeal by the State against Harchand Singh and Jaswant Singh was accepted and those two