JUDGMENT

Shivaraj V. Patil, J.-These appeals are directed against the judgment and order of the High Court of Punjab & Haryana made in Criminal Appeal No. 454-DB of 1985.

2. These appellants were accused Nos.1 to 6 before the Sessions Court. A-1 is the father of A-2. A-3 is the father of A-4 to A-6. A-1 and A-3 are brothers by birth.

3. The prosecution case as unfolded by PW-7 at the trial is that on 11.2.1985 the deceased Daya Nand and PW-7 Hoshiar Singh had started from their village in order to reach Bhiwani to attend court hearing in the appeal. When they were at the outskirts of the village, the six accused emerged from behind stones. Randhir (A-2) and Kartar (A-5) were armed with pharsis and rest of them with lathis. They surrounded the deceased and PW-7 saying "In Ko Aaj Yahin zamin dai do aur khata kar do" . Looking to the danger, the deceased and PW-7 ran into the nearby house of Nanak, the door of which was open. The accused chased them. PW-7 ran ahead deeper into the house and reached a point where there is a Neem tree and which is at higher level. He looked back and saw Daya Nand had scaled a dauli (a small wall). He was overtaken by Randhir who had also jump