Judgment

GROVER, J.: This is an appeal from a judgment of the Punjab and Haryana High Court upholding the conviction of the appellants who are brothers under S. 302 read with S. 34 of the Indian Penal Code and confirming the sentence of death imposed on them by the learned Sessions Judge, Hissar. We have already, by a brief order dated May 7, 1971, set aside the conviction and sentence of the appellants under section 302 read with section 34 and have convicted them under Part I of section 304, Indian Penal Code, for which a sentence of 7 years has been imposed on each of the appellants. We now proceed to give the necessary details and our reasons for making the aforesaid order.

2. H. C. Sethi is a practicing advocate of Hissar. His son, Subhash Chander deceased was a Major in the Indian Army. His second son, Suresh Chander, is an advocate and the principal witness in the case. In February 1969 H. C. Sethi and his family appear to have purchased 125 acres of land in village Talwandi Rana, near Hissar. Possession had been obtained by the landlords of 80 Killas of land either by compromise with the tenants or by obtaining ejectment orders against them from the competent revenue courts.