JUDGMENT

N. P. SINGH, J.:—Two appeals have been filed against the same judgment. Criminal Appeal No.406 of 1990 has been filed on behalf of Ram Swarup. Pala Ram and Mela Ram; whereas Criminal Appeal No.407 has been filed on behalf of Hari Ram, Brijlal and Prem. All the six accused persons had been put on trial for causing the death of Biru Ram and injuries on Ranjit Ram (PW 4), Dharampal (PW 5), Ajmer Singh (PW 10), Joginder Singh (PW 11), Smt. Phoola Devi and others. The appellant Prem, is alleged to have given gandasi blows on the head of Biru Ram, which proved fatal. So far the other five appellants are concerned, there is no allegation that they caused any injury on the person of Biru Ram (deceased).

2. It is an admitted position that Biru Ram (deceased) and the appellant Mela Ram were brothers. The prosecution witnesses Ranjit Ram, Dharampal, Ajmer Singh and Joginder Singh are the sons of Biru Ram (deceased). Smt. Phoola Devi is the widow of Biru Ram (deceased). Ram Avtar, who was also injured in the occurrence, is the son of Ranjit Ram and as such grandson of Biru Ram (deceased). On the side of the accused persons, Prem Chand, Brijlal and Hari Ram are the sons of Mela Ram. Only the remaining two persons, Ram Swarup and Pala Ram are not related to Mela Ram.

3. It appears that there was a dispute between Biru Ram (deceased) and his sons on the one side and accused Mela Ram and his sons on the other side, in connection with a wall, which had been constructed by the appellant Hari Ram in the house. The appellant Hari Ram had filed a suit and an order had been passed restraining the prosecution party from demolishing the wall aforesaid and from interfering with the possession of the courtyard.

4.The case of the prosecution is that on 11-12-1986 at about 7/8 a.m., Amar Singh (P.W.9), was tethering his buffalows in front of the house of the appellant Prem, which was protested by Prem, Hari Ram and Brij Lal. On this there was exchange of hot words between them. It is further the case of the prosecution that the appellants Mela Ram, Pala Ram and Ram Swarup also came there. Prem and Mela Ram were armed with gandasies, Hari Ram with an iron phowra, brij Lal with Kulhari while Pala Ram and Ram Swarup were armed with lathies. From the side of the prosecution, on hearing the raula, Ranjit (PW 4), Dharmpal (PW 5), Ajmer (PW 10), Joginder (PW 11) and Biru Ram (deceased) along with Smt. Phoola Devi and others reached the spot. Prem gave gandasi blows on the head of Biru Ram, who fell down. Pala gave lathi blows on the back of PW 4 and others. The other accused persons assaulted prosecution witnesses aforesaid, including the ladies of the family. After the occurrence, Biru Ram, was shifted to the Civil Hospital, Mustafabad, where he succumbed to the injuries at about 8.50 a.m., the same day.

5. During the medical examination of Biru Ram, an incised wound about 3 1/2" x 3/4" bone deep and a punctured wound about 1 1/2" x 1/2" muscle deep on the right occipital parietal region were found, which are alleged to have been caused by the appellant Prem with his gandasi. So far the other injured persons on the side of the prosecution are concerned, incised injuries and abrasions were found, details whereof have been mentioned in the judgment of the trial Judge.

6. The defence of the appellants is that although the accused persons and the prosecution party were very close relations, but because of the family dispute, they were bitter enemies of each other. The feelings between the two parties were further surcharged due to the construction of a wall. A proceeding under Section 107 of the Cr.P.C. was initiated. In the suit the prosecution party was restrained from interfering with the possession of the courtyard and from demolishing the wall in question. According to the appellants on 11-12-1986 at about 7/8 a.m. the appellants Hari Ram, Mela Ram and Satya Devi (DW 1) were present in their house. At that time Biru Ram (deceased) along with Ranjit Ram, J