JUDGMENT

G. N. RAY, J.:—This appeal is directed against the Judgment and order dated February 23, 1981 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 133-DB of 1980. The said Criminal Appeal arose out of the Judgment and order dated December 24, 1979 passed by the learned Additional Sessions Judge, Sirsa, in Sessions Trial No. 82 of 1979. Seven accused persons including the four appellants in this appeal were convicted on a charge under Sections 148, 302/149,325/149, 324/149 and 323/149, IPC. Accused No. 1, Jangir Singh accused No. 2, Makhan Singh, accused No. 3, Baj Singh, accused No. 6, Jit Singh, are the appellants in the instant appeal. The remaining accused, namely, accused No. 4, Kashmira Singh, accused No. 5, Bahal Singh, accused No. 7, Jaswant Singh, have been acquitted by the High Court in the said Criminal Appeal No. 133-DB of 1980. The prosecution case in short is that on February 20,1978, P.W. 10, Kashmira Singh, P.W. 11, Dalbir Singh and P.W. 12, Gurbax Singh, along with Jangir Singh, the deceased were working on the road at about 9.00 a.m. The appellants in this appeal and the said three acquitted accused came out of the fields. The appellant No. 1, Jangir Singh, was armed with a gandasa, the appellant No. 2, Makhan Singh, was armed with a pistol, the appellant No. 3, Baj Singh, was armed with a 12 bore gun, and the appellant No. 4, Jit Singh, was armed with a gandasa. The other co-accused since acquitted by the High Court were also variously armed, namely, Kashmira Singh with a gandasa, Bahal Singh with a barchhi and Jaswant Singh with a sword. On the lalkara of accused Nos. 2 and 3, Makhan Singh, and Baj Singh, Makhan Singh fired a pistol at Jangir Singh. Baj Singh fired his gun on Jangir Singh and being hit by the shots, Jangir Singh fell down. P.W. 10, Kashmira Singh, was given a gandasa blow by Jit Singh. The other accused persons also inflicted injuries to the other eye-witnesses. P.W. 10, Kashmira Singh, thereafter, went to the village Kharia and brought a jeep from the said village. He then removed Jangir Singh, the deceased and the injured persons to hospital at Rania. Thereafter, the said Kashmira Singh went to the Police Station and lodged the first information report with the Sub-Inspector of Police, P.W. 15, Shri K. K. Sethi. The motive for the attack as alleged by the prosecution is that about four years prior to the occurrence, a dispute had taken place between the accused party and the complainant party over the possession of a plot of land. The deceased, Jangir Singh, was on the side of Kashmira Singh and others. There was a fight between the two sides in which a case under Section 307, IPC was registered and the said case was then pending. The police had taken proceedings against both the parties. Another case was also registered under Section 107/151, Criminal Procedure Code and such proceedings were also pending. At about 10.45 a.m. on the date of occurrence, namely, February 20,1978, P. W. 3, Dr. D. L. Gupta, examined Jangir Singh and noted about 14 injuries on the person of the said Jangir Singh. The said doctor at about 2.30 p.m. on the same day also examined Baj Singh and noted five injuries on his person and at the same time he also examined Dalbir Singh and noted three injuries on his person. Jangir Singh, however, succumbed to his injuries at about 2.00 p.m. on the same day and intimation was sent to the Station House Officer, Rania Police Station immediately. The medical examination report of Jangir Singh was prepared at about 3.00 p.m. At about 12.15 p.m. next day, Dr. Golyan held a post mortem examination on the dead body of Jangir Singh and noticed 17 injuries both internal and external including incised and punctured wounds. In the opinion of the doctor holding the post mortem examination, the cause of the death was due to shock and haemorrhage as a result of the said injuries which were ante mortem in nature and in the normal course of life the injuries were