Judgement

BALAKRISHNA ERADI, J.:- After hearing Shri A. N. Mulla, Sr. Advocate for appellants and Shri R. S. Sodhi, Counsel appearing on behalf of the respondent and having carefully examined all aspects of the case in the light of the submissions made at the Bar, we have unhesitatingly come to the conclusion that this appeal has to be allowed.

2. The four appellants before us - Tota Singh, Dauli Singh, Mithu Singh and Mukhtiar Singh were tried by the Court of Session, Faridkot on charges under Section 302, IPC read with Section 34, IPC and Section 323, IPC read with Section 34, IPC. After detailed consideration of the entire evidence adduced in the case, the learned Sessions Judge by his judgment dated May 30, 1974 acquitted the appellants of all the charges laid against them. Against the said decision of the Sessions Judge, the State of Punjab preferred Criminal Appeal No. 1106 of 1974 in the High Court of Punjab and Haryana. A Division Bench of the High Court by its judgment dated April 9, 1978 allowed the States appeal, set aside the order of the Sessions Judge acquitting the appellants and convicted the appellants under Section 302, IPC read with Section 34, IPC as well as under