Judgment

GOSWAMI, J.:- This criminal appeal by special leave is directed against the judgment of the Allahabad High Court affirming the conviction of the five appellants, Bhajan Singh, Chain Singh, Baldeo Singh Jagat Singh and Gurbachan Singh under Sections 302/149 I.P.c. and sentence of imprisonment for life on each of them. Bhajan Singh, Chain Singh and Jagat Singh have further been convicted under Section 147, I.P.C. and sentenced to rigorous imprisonment for one year each and the two other appellants have also been convicted under Section 148, I.P.C. and sentenced to one and a half year s rigorous imprisonment each. Special leave was refused to Baldeo Singh and Gurbachan Singh.

2. The prosecution case may briefly be stated:

Chain Singh and Baldeo Singh are sons of Bhajan Singh. Gurbachan Singh is the son of Jagat Singh. The deceased is Bakhsheeh Singh, who was the brother of Major Singh and a cousin of appellant, Bhajan Singh. Major Singh had purchased some land in their village Paivandkheri from one Sohan Singh and Gurbanchan Singh was in unlawful possession of over 15 to 16 bighas of the said land. There was litigation between Gurbachan Singh and Major Singh in respect of this l