(1) HEARD learned counsel for the parties.

(2) THIS is an appeal against acquittal. There are seven respondents. The trial court convicted them under S. 148, 302. 379 and 302/149 Indian Penal Code etc. and also under Section 27 of the arms Act and accordingly sentenced them. On appeal, the High court set aside the convictions. Hence the appeal by the State (i.e. Crl. Appeal No. 430 of 1983. The complainant Mukhtiar Singh has filed the Special Leave Petition No. 342 of 1983 against the same judgment.

(3) THE prosecution case is as follows :

(4) THE accused and the two deceased persons and PWs 7 and 8 belong to Village Patti. There were disputes between the accused on the one side and the deceased and PWs on the- other. According to the prosecution, the deceased Gopal Singh was in possession of the custodian land and the accused gurbux Singh (A-l) wanted to take possession of the land forcefully and proceedings under Section 107 Criminal Procedure Code were also lodged. On the intervening night of 29-8- 1981 and 30/8/1981, Gopal Singh - the deceased along with his son Mukhtiar Singh (Public WiTNEss ) started for their fields at about 10.30 p.m. Gopal Sin