JUDGMENT

S.B. Sinha, J.-The appellants who are three in number with their father, Virsa Singh (Accused No.1) and brother Tara Singh (Accused No.3) [since deceased] were charged for commission of an offence under Sections 148/302/323/149 of the Indian Penal Code.

2. The incident took place at about 10.30 a.m. on 13.6.1987. Admittedly, the family of the deceased and the appellants belong to the same village. They have agricultural lands. The parties had disputes both as regard boundaries of their agricultural land as also as regard irrigation of their respective field. On the day of the incident, Kartar Kaur (deceased) brought food for her sons Avtar Singh and Balkar Singh (PW 5 and PW 6) who were working in their agricultural field. When they finished taking their meals, Virsa Singh (Accused No.1) armed with Takwa Kulwant Singh (Appellant No.1) and Tara Singh (Accused No. 3) armed with Kirpan each, Sahiba Singh (Appellant No.2) armed with Barchha and Darbara Singh (Appellant No.3) armed with Kappa came near the informant and the deceased from the side of their tubewell. Virsa Singh, allegedly, exhorted the complainant and the deceased to be ready as they had come to teach them