JUDGMENT

KAILASAM, J.:— The five appellants have preferred this appeal under Section 2 (a) of the SC (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, from the judgment and order of the High Court of Punjab and Haryana in Criminal Appeal No. 636 of 1971.

2. The five appellants and three others were charged for various offences, punishable under the Indian Penal Code for rioting armed with deadly weapons and for causing the death of one Pakhar Singh, inflicting grievous and simple hurt to Pritam Kaur, wife of Pakhar Singh on 17-4-1970 at about 7.30 A.M. in the village Bassi of Nurpur Bedi Police Station. The Additional Sessions Judge, Patiala, found the accused not guilty of the various offences with which they were charged and acquitted them.

3. The State of Punjab preferred an appeal to the High Court of Punjab and Haryana against the order of acquittal. The High Court maintained the acquittal of three accused, Nikha Singh, Binder Singh and Jit Singh but reversed the order of acquittal of the appellants and convicted them under Ss. 302/149, 325/149 and 323/149 and 148 I. P. C. and sentenced them to imprisonment for life and a fine of Rs. 1000/- each for an offence under S. 302/149. They were also sentenced to rigorous imprisonment for 2 years, 1 year and 6 months for the offences under Ss. 325/149, 148 and 323/149 I. P. C. respectively.

4. The case for the prosecution is that there was enmity between the deceased Pakhar Singh and Nand Singh and his family due to the land in dispute. One Bhagtu, father of Pakhar Singh, was the owner of the land in dispute in the village of Bassi. After his death, a dispute arose over the property between the deceased Pakhar Singh and his step sister Jaggir Kaur who is married to Nand Singh. Nand Singh and Bhajan Singh, appellants Nos. 1 and 2, are the sons of Dharam Singh the third appellant. Dharam Singhs nephew, Jhaggar Singh, is the fourth appellant. It is the admitted case of the parties that there was a litigation between Pakhar Singh on the one side and Jaggir Kaur on the other relating to the title and possession of the land in dispute. Proceedings were taken by the parties before the authorities for registration in the revenue records. on 28-10-1965, Pakhar Singh instituted a suit in the court of Sub-Judge, 1st Class, Ropar for a declaration that he is the sole owner of the land and that the defendant had no right or interest in the land or in the alternative for possession of the land as owner. On 27-12-1969, the Court passed an interim order on an agreement between the parties in the following terms :

"It is agreed in respect of the question of possession that status quo will be maintained. Therefore ex parte injunction issued in favour of the plaintiff stands modified to the extent that the parties will maintain status quo in respect of possession."

5. The prosecution also filed Ex. PF an extract from Khasra Girdawri, relating to village Bassi which showed that the deceased Pakhar Singh was the owner of the land and was cultivating it with wheat and gram crop during the rabi crop for the year 1970. According to the prosecution, Pakhar Singh had sown wheat crop and he and his wife went to the field at 7.30 A.M. on 17th April, 1970 to harvest the crop where they found all the accused cutting and gathering the crop. The deceased protested and tried to stop the accused from removing the crop, but they did not listen. Pakhar Singh reminded them that the court decision is in his favour but the accused took up the weapons which they had concealed in the wheat crop and started beating the deceased. According to the prosecution, the five appellants were armed with Kulharas, Bhajan Singh with a barchha and the three acquitted accused with lathies. The accused attacked the deceased and during the melee, Pritam Kaur, wife of the deceased, who is examined as P. W. 3 in the case also sustained injuries. Hearing the noise, Arjun Singh, P. W. 4 and Tota Ram, P. W. 5 who were harvesting their c