JUDGMENT

K. JAYACHANDRA REDDY, J.:—This is An appeal under Section 379, Cr. P. C read with S. 2 of the SC (Enlargement of Criminal Appellate Jurisdiction) Act. There are five appellants. They were tried by Sessions Judge, Rupnagar for offences punishable under Sections 148, 302/149, 307, 323, 324, 325, I.P.C. and S. 27 of the Indian Arms Act for causing the death of Kaka Singh, the deceased in the case. The trial Court acquitted them. The State preferred an appeal against the said acquittal. The High Court set aside the order of acquittal and convicted each of them under S. 302/ 149, I.P.C. and sentenced to undergo imprisonment for life and also to undergo various other terms of imprisonment for other offences. The sentences were directed to run concurrently. The facts which give rise to this appeal are as follows.

2. The deceased Kaka Singh and the principal witnesses P.Ws. 18 and 19 belong to Village Chao Majra, P.S. Mubarakpur. P.W. 22 Mastan Singh was the Sarpanch of the Village. There was enmity between P.W. 22 and the accused and his family members because of some civil disputes. On 2nd December, 1978, the day of occurrence, the deceased along with his brother Prem Singh, P.W. 19, his son Labh Singh, P.W. 18 and some other persons worked in the field of P.W. 22 the Sarpanch for remodelling the ridges of the potato crop till 5.15 p.m. and then came to the Village. All of them were sitting in the house of the deceased discussing about the next day operation. As they were conversing with each other, brickbats started falling in the courtyard of the house. The deceased climbed on the roof top of his house to ascertain wherefrom the brickbats were coming. The other persons who were there also followed the deceased and went to the roof top. From the roof top the deceased, P.Ws. 18, 19, 22 and one Joginder Singh saw all the five accused coming from the chobara of A-2 Gurdev Singh. Accused Nos. 1, 2, 3 and 4 were armed with barchhas while A-5 was armed with a lathi. Having reached the place where the deceased and others were standing, A-2 Gurdev Singh opened the attack by giving a blow with barchha A the left side of the chest of the deceased. The deceased fell down. Then A-1 Dharam Singh gave two barchha blows on the left abdominal region of the deceased. Then A-3 Sital Singh gave a barchha thrust on the left leg of the deceased. Thereafter he also twisted and fractured the same leg of the deceased. A-5 Bhag Singh gave a lathi blow on the wrist of the deceased. When Prem Singh, P.W. 19 stepped ahead to save his brother Kaka Singh, A-4 Ajmer Singh gave a barchha blow on his back. A-3 Sital Singh gave a barchha blow near the right elbow of P.W. 19 Prem Singh. On receipt of these injuries, P.W. 19 also fell on the ground. The other three persons, P.Ws. 18 and 22 and Joginder Singh raised alarm. Thereupon the accused left the place, The deceased and P.W. 19 were brought down from the roof top and they were taken to the hospital at Kharar in a truck. On reaching the hospital, P.W. 18 Labh Singh and P.W. 22 Mastan Singh, Sarpanch left for the Police Station and there P.W. 18 Labh Singh lodged a report at about 11 p.m. P.W. 25 the Sub-Inspector of Police recorded the FIR and took up the investigation. As the deceased was not in a fit condition, P.W. 25 could not record his statement. He continued the investigations. Meanwhile the deceased was already referred to P.G.I. Hospital, Chandigarh. P.W. 5 Dr. T. S. Mohant examined the injured deceased and he found an incised wound over the left side of the chest and decided the nature of treatment. Before that another Doctor, P.W. II Dr. N. C. Dass Gupta examined the deceased at 9.30 p.m, and found five injuries. P.W. II also examined P.W. 19 Prem Singh and found two incised wounds which were simple. The deceased, however, died on 8-12-78. P.W. 13 Dr. Inderjit Dewan conducted the post-mortem on the body of the deceased and he found eleven injuries. Some of them are post-operation wounds. Wound