M.R.SHARMA, J. - (1.) THIS appeal is directed against the judgment and order dated 25th March, 1983, rendered by the learned Additional Sessions Judge, Kurukshetra, by which he convicted the appellants under Section 302/34 of the Indian Penal Code and sentenced them to life imprisonment each.
(2.) GURNAM Singh and Lal Singh appellants are the sons of Jeet Singh appellant. Bhagat Singh who had also been sent up for trial and had been acquitted by the learned trial Judge was also the son of Jeet Singh appellant. The appellant and Bhagat Singh, the acquitted accused, are said to have caused fetal injuries to Surat Singh deceased at about 3.30 p.m. on February 15, 1992, in the fields of village Kakheri. The case of the prosecution, in brief, is that about 15 acres of land belonging to the Gram Panchayat had been given for cultivation to one Dalip Singh Harijan. The said Dalip Singh decided to shift from that village and agreed to give half the land to Surat Singh deceased and the remaining land to Jeet Singh appellant, but later on he changed his mind and decided to give the entire land to one Tarlok Singh of village Kharkra. The said Tarlok Singh was not allowed to cultivate this land by the village Panchayat and the same was given in equal proportions to the deceased and Jeet Singh appellant. Both the parties had taken possession of the land. The said Tarlok Singh had dispossession Jeet Singh appellant of the land in dispute, whereafter that portion of land was also taken into possession by the deceased. Jeet Singh appellant began to nurse a grudge that the deceased was instrumental through the agency of Tarlok Singh to have him dispossessed of the land.
(3.) ON February 15, 1982, at about 3.30 p.m. Gurwant Singh P.W. 7, son of the deceased, and Sardul Singh P.W. 9, his relation, as well as the deceased and, were returning from the house of one Mohan Singh after attending "Akhand Path". The deceased was going ahead on a bicycle. The two eye-witnesses were also going on a bicycle about 20 paces behind the deceased. When the deceased reached about 2-21/4 killas from the Dera of Nishan Singh, Jit Singh appellant armed with Gandasi Exhibit P-7, Gurnam Singh appellant armed with barchha Exhibit P-5, Lal Singh appellant armed with barchhi Exhibit P-4 and bhagat Singh, acquitted accused, armed with Kirpan Exhibit P-6 appeared on the scene. Jeet Singh appellant gave a lalkara that the enemy had come and that he be taught a lesson for cultivating his land. Gurnam Singh appellant opened the attack an injury with the handle of the spear in the stomach of the deceased. The deceased fell down from the bicycle. Jeet Singh appellant gave a gandasi blow to the deceased while he lay fallen. This blow hit him on his forehead towards the left side. Lal Singh gave him barachhi blow which hit him in his risk flank. The eye-witnesses raised an alarm, on hearing which the four assailants of the deceased ran away along with respective weapons.;