Judgment

P.P. Naolekar, J. — The accused-appellants belong to Sakkanwali Village, Police Station Sadar Muktsar, District Muktsar, Punjab. The deceased Harbans Singh was the neighbour of the appellants. There was a dispute on the demarcation of the Shamlat land. Some portion of this land is claimed by the accused-appellants and some of the land was being claimed by Harbans Singh, the deceased. The Shamlat land has not been demarcated nor a particular portion of the land was in exclusive possession of either the appellants or the complaint party. As per the First Information Report lodged by Harvinder Kaur at 10.30 P.M. on 23rd February, 1996, the prosecution story unfolded is, that on 23rd February 1996 at about 5.30 P.M., the complainant Harvinder Kaur (PW-1) along with Jasvinder Kaur (PW-2), wife of Jaspal Singh, were making cow-dung cakes in the Shamlat land. Harbans Singh after providing fodder to the cattle was talking to Jaspal Singh. In the meantime, Mohinder Singh (A-1) and Nasib Singh (A-3), armed with licensed 12 bore double barrel guns, Naginder Singh (A-6) armed with dang, Sukhdev Singh (A-5) armed with kassia, Beant Singh (A-2) armed with kirpan and Nirbhai Singh (A-4) a