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 went to the house of the deceased and asked him why he diverted the water to his field to which the latter replied that he did not divert any water and exchange of words between the two. On the same day evening, PW-1, PW-3 and PW-4 and also the deceased were all sitting in the house of PW-4 and smoking Hukka. At about 7.15 P.M. it is alleged that accused Dharam Pal and Tej Pal came from the side of the field and abused the deceased for diverting the water. Again, a quarrel ensued. About 15 minutes later, all the accused came to the house of the deceased and among them Dharam Pal and Tej Pal were armed with guns. Krishna armed with lathis. Having come to the place they started abusing the deceased and also started beating with lathis PW-4 and the deceased. On being exhorted, Dharma Pal and Tej Pal who were armed with gun and Krishan who was armed with Pistol alleged to have fired and one of the gun shots hit the deceased and as a result of which the deceased died instantly. PW-4 also received injuries by lathis. PW-1 who witnessed the occurrence prepared a report, went to the police station situated three miles away and lodged the FIR. PW-14, the SHO registered the crime and reached at the scene of occurrence. He held the inquest and sent the dead body for post mortem. The doctor (PW-2) who conducted the post mortem on the deadbody found one gun shot entry wound and a corresponding exit wound. On internal examination he found several ribs fractured and the left pleura as well as the left lung were found upturned. He opined that the death was due to shock haemorrhage as a result of these injuries. On 21-10-1977, the Investigating Officer arrested Dharma Pal with his licensed gun and recorded his statement. Earlier at the scene of occurrence he found one empty cartridge and seized the same. Necessary Punchnama was prepared to that effect. Meanwhile, PW-4 was sent for medical examination and PW-11 (doctor) found on him three contusions, one lacerated wound and two wounds of traumatic swelling. On X-ray of the hands of PW-4, fracture of 2nd and 3rd metacarpal and proimal phalanges of the index and middle fingers were found. However, no radiological bone injury was detected in the left hand. The seized guns as well as the cartridge which were recovered at the scene of occurrence were sent to Ballistic Export and opinion came to the effect that the cartridge that was found at the scene of occurrence is not the one fired from the gun recovered from the accused. After completion of the Investigation the charge-sheet was laid.

3. The plea of the accused was one of denial and he pleaded that because of enmity, all the members of his family have been implicated. They further stated that there had been an election between the Pradhan Prithvi and one Mahavir and t