[Criminal Appeal No. 411 of 2008]. This appeal is filed against the final judgment and order dated 06.11.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 34-SB of 2004 whereby the High Court dismissed the appeal filed by the appellant herein and upheld the judgment of Trial Court dated 20.12.2003 in Session Trial No. 137/25.08.2003 convicting the appellant herein for the offences punishable under Section 304 Part II and Section 323 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC") and sentenced him to undergo rigorous imprisonment for five years with a fine of Rs.2000/- under Section 304 Part II of IPC and for a term of one year for the commission of the offence punishable under Section 323 of IPC. Both the sentences were to run concurrently. In default of payment of fine, to undergo further rigorous imprisonment for six months. The prosecution case in brief is as under: It is a case of free fight between two sets of relatives in street which was joined by other people too to get the fight stopped causing the death of Zile Singh and simple injuries on the persons of Phoola Ram, Raj Kumar and Krishan Pal.
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