ORDER :- One Balbir Singh and his two sons Dinesh and Dayanand, were tried on charges under S. 302 read with S. 34,1.P.C. The accused-Balbir Singh expired during the pendency of the trial in the Sessions Court. Accused-Dinesh and Dayanand were found guilty by the trial Court of the offence charged and each was sentenced to undergo imprisonment for life and a fine of Rs. 1000 / and in default of payment thereof to undergo further imprisonment for a period of two months. The two accused preferred an appeal before the High Court which has been dismissed. Both the accused persons have filed this appeal by special leave feeling aggrieved by their conviction and sentence awarded by the trial Court and maintained by the High Court.

2. The appellants are residents of village known as Choki No. 1. Santra Devi, the victim who died in the occurrence, was the wife of Beer Singh. Rajbir P.W. 8 who lodged the FIR of the offence is her son. He was aged about 16 years at the time of the incident. The prosecution case as set out in the FIR is that on 13-10-1993 Rajbir saw buffalo of late Balbir destroying crops in his field. Some altercation or verbal exchange appears to have taken place at that poi