JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.The State of Punjab is in appeal against the judgment of Punjab and Haryana High Court. While upholding the conviction of two accused persons, namely, Vishal and Anil Kumar, High Court directed acquittal of the respondents. In case of co-accused Gangadhar, conviction was altered to Section 324 of the Indian Penal Code, 1860 (in short the IPC). In all, 9 persons faced trial and the Trial Court had found each to be guilty of offences punishable under Sections 302, 323 read with Section 149 IPC.

2.Seven appeals were filed by eight of accused persons. As noted above, the High Court directed acquittal of the respondents while disposing of the appeal of Vishal and Anil and altered the conviction of Gangadhar.

3.The background facts in a nutshell are as follows :

The accused persons had gone for a pleasure trip to Manali in the year 1994. They had some joint photographs. These photographs were in possession of accused Anil Kumar alias Babba. There was some dispute regarding the delivery of these photographs. The complainant side wanted to have the photographs while Babba did not want to part with those photographs. However, on 16.6.1995, around 9/8.OO P