JUDGMENT

Dharam Pal, Tej Pal and Rajendra (original accused 1,2 and 5 respectively) - are the appellants. They, along with two others viz., Krishan and Rambir (original accused 3 and 4) were tried for offences punishable under Sections 302/149, 323, 325/149 and also u/S. 148, I.P.C. The trial Court acquitted Krishan and Rambir and convicted the appellants before us u/Ss. 302 read with 34, I.P.C. and also u/Ss. 325 read with 34 I.P.C. and sentenced each of them to imprisonment for life and for shorter terms of imprisonment in respect of other offences which were directed to run concurrently. On appeal, the High Court agreeing with the findings of trial Court dismissed the same. Hence the present appeal.

2. A-1 and A-2 are brothers and A-3 to A-5 are the sons of A-1. They are all the residents of Haidernagar Village, Mujaffarnagar Distt. The deceased Chandra Veer was the father of Budh Singh (PW-4) who is also the resident of the same village. There was some dispute regarding the irrigation of field and the accused were aggrieved that the deceased and his family members were diverting the water to their field out of turn. On the day of occurrence, i.e. 20-10-1977, at about 10 A.M., A-1