JUDGEMENT
D. P. Wadhwa, J. -
(1.)The two appellants were tried for offence under Section 302/34, Indian Penal Code (for short 'IPC'). They were acquitted by the Sessions Judge, Jalandhar by judgment dated January 8, 1991. Against their acquittal State of Punjab filed appeal in the Punjab and Haryana High Court. The complainant also filed revision in the High Court assailing the order of acquittal by the Sessions Judge. High Court by the impugned judgment dated January 20, 1998 allowed the appeal as well as the revision and set aside the acquittal of the appellants. High Court convicted the second appellant Ravinder Singh alias Khanna under Section 302, IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs. 5000/- and in default of payment of fine to undergo further rigorous imprisonment for six months. First appellant was convicted under Section 302/34, IPC and similarly sentenced.
(2.)It is submitted before us that the High Court wrongly exercised its jurisdiction in setting aside the acquittal of the appellants, when Sessions Judge in a well considered judgment, having weighed all the pros and cons of the case, had rightly acquitted the appellants. It could not be said that the conclusion arrived at by the Sessions Judge were perverse for the High Court to intervene.
(3.)To appreciate the submissions of the appellants we may examine the record of the case.
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