JUDGMENT:

HARJIT SINGH BEDI, J.

1. This appeal by special leave arises out of the following facts.

2. One Lal Singh had three sons, Hari Singh, Jaswant Singh and Birbal Singh. Brij Pal Singh PW 1, Ved Pal and Gajender Singh are the sons of Birbal Singh whereas Suraj Bhan, Netar Pal and Satbir Singh are the sons of Jaswant Singh and Ram Pal and Ram Saran, the accused are the sons of Hari Singh. Hari Singh predeceased his father Lal Singh whereafter the joint land holding was partitioned by Lal Singh between his sons Jaswant Singh and Birbal Singh and the sons of Hari Singh deceased in equal shares retaining 18 bighas for himself. About 2-3 years prior to the incident Ram Pal Singh staked a claim that the tube well on the land was his exclusive property on the plea that the electricity connection was in his father s name. Several civil and criminal litigations followed on account of this dispute and certain other matters with the result that the relations between the accused and Birbal Singh degenerated to an all time low and about two days prior to the occurrence, an altercation had taken place between Birbal Singh and his son Brij Pal Singh on the one side and the accused on the ot