R. Banumath, J. - (1.) These appeals arise out of the judgment of the Punjab and Haryana High Court in and by which the High Court has affirmed the conviction of the appellants under Section 302 IPC and sentence of life imprisonment imposed upon each of them.
(2.) The case of the prosecution is that on 27.09.2003, calf of the buffalo of deceased Amar Nath entered in the field of accused Makhan Ram whereupon accused Makhan Ram beat up the animal. When deceased Rajji, wife of deceased Amar Nath enquired from accused Makhan Ram, he beat her also by pulling her long hair. Deceased Amar Nath and Rajji narrated the whole incident to complainant Sarabjit Kaur (PW-2) and they started to convene a panchayat along with Ram Lubhaya, husband of complainant (PW-5). When deceased Amar Nath and Rajji reached near the house of Chanan at about 1.30 p.m. accused Makhan Ram (A1) armed with datar, accused Ricky (A-2) armed with Kirpan, accused Daljit Kumar (A-4) armed with takua accused Pappu (A6) armed with Datar, accused Seebo, mother of A-1, accused Kulwinder Kaur, sister-in-law of A-1 came from the opposite side. Accused seebo and Kulwinder Kaur exhorted other coaccused to catch hold of deceased Amar Nath and Rajji and kill them.
(3.) Upon consideration of the oral and documentary evidence, the Trial Court vide its judgment dated 21.09.2007 convicted Makhan Ram (A-1), Daljit Kumar (A-4), Pappu alias Hans Raj appellant herein (A-6) under Section 302 IPC and sentenced them to undergo life imprisonment. The Court acquitted the accused Ricky (A-2), Seebo (A-3) and Kulwinder Kaur (A-5) from all the charges holding that the prosecution has not established the guilt against those accused. The High Court dismissed the appeal preferred by accused Makhan Ram, Daljit Kumar and the appellant-Pappu alias Hans Raj. Being aggrieved the appellants Pappu @ Hans Raj and Daljit Kumar are before this Court.;