Judgment

Nanavati, J.-These two appeals by the four convicted accused are directed against the judgment and order passed by the High Court of Punjab and Haryana in Criminal Appeal No. 80-DB of 1986. The High Court confirmed their conviction under Sections 302, 307 and 324 all read with Section 34 IPC.

2. The prosecution case was that on 28.5.1985 at about 11.00 A.M. the four appellants, who are brothers, went to the field of complainant Babu Ram and deceased Multan Singh and Khushi Ram and started digging a ‘khal’. Multan Singh, Babu Ram and Khushi Ram protested by saying that they should not dig the land till proper demarcation in that behalf was done by the competent authority. In spite of their protest the four appellants continued to dig. Again Multan Singh protested and at that stage appellant Ram Kumar attacked Babu Ram with an axe and caused an injury on his left arm. Raj Kumar also gave an axe blow to him. One blow was given by appellant Suresh Kumar to Babu Ram. Appel­lant Hukum Singh fired two shots from his revolver. One shot hit Multan Singh and the other hit Khushi Ram. It was also the prosecution case that on hearing shouts raised by Babu Ram, Mahavir Prasad and Tara Ch