Judgment

Quadri, J.-Leave is granted limited to the question of nature of offence committed by the appellants and quantum of sentence therefor.

2. The facts giving rise to this appeal, in brief, are as follows.

3. The gravamen of the charge against appellants Nos. 1 and 3, Jai Bhagwan (A-1) and Sushil (A-3), is that they caused the death, by murderous assault, of their uncle Prithvi (hereinafter referred to as ‘the deceased’) and against appellant No. 2, Anil (A-2), is that he attempted to murder, Wazir Singh (P.W. 6) on January 21, 1992 at about 7.30 P.M. The dispute between the accused group on one hand and the deceased and his sons on the other which resulted in this unfortunate event relates to four killas of land. The land was owned by the ac­cused and was so declared by the decree of the civil court in Suit No. 676 of 1984 dated July 17, 1984. The deceased and his brother, Hawa Singh, challenged the validity of the said decree in Civil Suit No. 692 of 1984 which was dismissed by the learned Sub-Judge, 1st Class, Bhiwani vide judgment, Exhibit DX/4 (Decree Sheet, Exhibit DX/5). There is record (Exh. DX/6) to show that the accused were put in possession pursuant to partition of th