JUDGMENT :

Dr. B.S. CHAUHAN, J.

1. This appeal has been preferred against the judgment and order dated 31.8.2004 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 167-DB of 1999, by which it has affirmed the judgment and order of the Trial Court in Sessions Case No. 5 of 1998 dated 22.2.1999 convicting the appellants for the offence punishable under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as `IPC') and awarding the sentence of life imprisonment and imposing a fine of Rs.2,000/- each.

FACTS:

2. That on 9.10.1997, some labourers were working in the fields of Ishwar Singh (PW.2) and his son Amardeep was also with them. On that date at about 7.00 PM, Ishwar Singh (PW.2) started from his house for his fields in order to keep watch on the crop, relieving Amardeep from the fields. On his way, Ishwar Singh (PW.2) saw Kulvinder Singh and Jasvinder Singh/appellants at the tubewell of Singh Ram. Kulvinder Singh was sitting on a cot outside the tubewell while Jasvinder Singh was inside the tubewell. On being asked by Ishwar Singh (PW.2), Kulvinder Singh replied that they were there in a routine manner as it was the tubewell of Singh