Judgment

UNTWALIA, J.:- There are three appellants in this appeal by special leave. The occurrence in question took place at about 4-30 p.m. on the 8th of June, 1971 in the house of Dhanna Singh deceased, in village Sangrana, Police Station Gajsinghpur, District Ganganagar in the State of Rajasthan. In the occurrence were killed Dhanna Singh, his younger brother Tota Singh and another person Jagdev Singh by fire arms. Ajaib Singh, P.W. 1 received a gun shot injury on his hand. Five persons armed with various fire arms are said to have raided the baithak of Dhanna Singh situated on the south of the public road, north of which is a Dharamshala..

2. One Charan Singh, Dhanna Singh s uncle, was owner of 18 bighas of land in village Sangrana. He sold 12 bighas out of this to Bikar Singh, father of appellant Gurdas Singh. But Bikar Singh forcibly took possession of the entire 18 bighas of land. Possession over the 6 bighas of land which was not sold, was taken back from Bikar Singh. Relations between the two families were embittered in connection with the said land. It is also said that Dhanna Singh had deposed in a criminal case sometime before the occurrence against one of the sons of Bi