JUDGMENT

P. Venkatarama Reddi, J.-In this appeal filed by the State of Haryana with special leave, the verdict of the Punjab & Haryana High Court acquitting the respondents 1 to 9 of the charges under Section 302 I.P.C. read with S. 149 etc. and modifying the conviction and sentence of the 10th respondent-Dalel Singh, is being assailed. The Additional Sessions Judge. Kurukshetra, convicted the 12 accused including the 10th respondent herein charged for the offences under Section 302 I.P.C. read with 149, Section 307 read with 149, Section 148 and Section 427 I.P.C, and they were sentenced to life imprisonment. They were charged for the murder of one Bhim Singh in the morning hours of 23rd July, 1983 in a fallow field near the village Serdha and for attempting to murder PWs 6, 11 and another who received injuries in the course of fight. Most of the accused-respondents excepting respondents 5 and 6 are related to each other. The members of the prosecution party too are inter-related and they are also related to some of the accused.

2. According to the prosecution, Phool Singh (PW5), who is the cousin of the deceased Bhim Singh, was in possession of the disputed land at the time of occ