STATE OF PUNJAB Vs. BAKHSHISH SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a Division Bench of the Punjab and Haryana High Court directing acquittal of respondents-Bakhshish Singh, Balraj Singh and Gurmeet Kaur while altering the conviction of respondent-Balbir Singh from one under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') to one under Section 304, Part I, IPC. Learned Additional Sessions Judge Gurdaspur, had convicted each of the respondents for offence punishable under Section 302 read with Section 34, IPC.

(2.) Prosecution version as unfolded during trial is as follows :

(3.) In support of the appeal learned counsel for the appellant submitted that the High Court ought to have held that Section 34 has full application to the facts of the case. It should not have altered conviction so far as accused Balbir is concerned.