HANSARIA, J.:- The occurrence which had seen the death of Gurcharan Singh had taken place at about noon of 27-6-1981 in village Barawal of district Sangrur, Punjab. The prosecution case is that PW3 Karnail Singh and his brothers had applied for allotment of about 50 bighas unallotted (Bachat) land. This prayer was allowed and the possession of the land was delivered to the appellants about 20 days before 27th June on which date Karnail Singh and his brother PW4 Jarnail Singh and their father PW9 Gurdev Singh as well as the deceased Gurcharan Singh, were preparing wats in the land. Daljit Singh, brother of Karnail Singh, brought food for the party after taking which they retired towards the shade of keekar tree. At that point of time it is alleged that an unlawful assembly consisting of nine persons variously armed came and raised Lalkara that nobody should be allowed to go alive and they should be taught a lesson for getting allotted the Bachat land. In the attack which followed appellants Balbir Singh and Jawala Singh caused injuries with gandasa on the head of the deceased, and appellant Harinder Singh on his legs. Gurcharan Singh fell down on the receipt of the blows, and while