JUDGMENT

S.P. Kurdukar, J.-These two Criminal Appeals on obtaining Special Leave have been filed by the appellants challenging the legality and correctness of the judgment and order of acquittal dated January 28, 1988 passed by the Punjab and Haryana High Court at Chandigarh.

2. The prosecution had put in the challan before the Judge, Special Court Firozepur on 14.8.1985 for trial of six accused-respondents herein on the following allegations:-

Baldev Singh (since deceased) was the younger brother of Hardev Singh (P.W.2) and Jaswant Singh (P.W.1). Harbhej Singh (A-1), Gurbhej Singh (A-2), Amrik Singh (A-3) and Gurmej Singh (A-4), the respondents herein, are the real brothers whereas Sohan Singh (A-5) and Mohan Singh (A-6), the respondents herein, are the real brothers. The house of Harbhej Singh (A-1) is situated adjoining the house of Hardev Singh (P.W. 2). Harbhej Singh (A.1) and Sohan Singh (A.5) are cousins. Suba Singh, the appellant in Criminal Appeal No. 558 of 1988 is the son of Harbhajan Singh (since deceased), whereas Criminal Appeal No. 557 of 1988 is filed by Hardev Singh, the brother of Baldev Singh (since deceased).

3. It is alleged by the prosecution that Hardev Singh