Judgment

Harjit Singh Bedi, J. —

1.Leave granted.

2.These appeals by special leave arise out of the following facts:

3.On the morning of 3rd December 1975, one Shekhar Singh, resident of Village Moory was assaulted by some of the accused. Later on information was conveyed to Bhagwati Devi that her sons-in-law, Lakshman Singh and Bacha Singh and her son Nathuni Singh had been surrounded by the accused in the Khalihan of one Marua Singh with a view to commit their murder. Bhagwati Devi, accompanied by her daughter and son, went to the Khalihan of Marua Singh and when she reached there, she saw the accused persons, 13 in all, armed with guns, spears, pharsas and lathis etc. standing on the road outside the Khalihan whereas her two sons-in-law and her son were inside. She also heard accused Chirkut Singh asking them to come out of the Khalihan and he also opened fire hitting Bacha Singh on which, he fell down. Lakshman Singh thereafter opened fire with a country-made gun in self defence hitting Kishore Singh, as a result of which, he too fell down on the ground. Thereafter, accused Jang Bahadur Singh fired a shot with his weapon hitting Lakshman Singh, and accused Bashishta Singh also fire