JUDGMENT

Harjit Singh Bedi, J. —

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

1. On 6th February, 1989 at about 2:45 p.m., the first informant Ram Pukar Chaudhary (PW-2), had gone to ease himself when he heard some sounds coming from outside his house. On returning, he saw his nephews Anjani Chaudhary armed with a pistol and a lathi, Bhimsen Chaudhary armed with a farsa and KinKin Chaudhary armed with a bhala assaulting his brother Prem Kumar Chaudhary, killing him on the spot. PW-2 raised an alarm, whereafter Satyadeo Chaudhary (PW-1), Madan Chaudhary (PW-5) and Ahsarfi Chaudhary (PW-4) also reached the site and saw part of the alleged occurrence. The motive for the murder was that the family property had been partitioned amongst the four brothers and their mother, and the mother had started living with the deceased Prem Kumar Chaudhary and had also executed a gift-deed in respect of her land in favour of PW-2’s wife on which PW-2’s brothers Mukti Chaudhary and Ram Pukar Chaudhary as well as the appellants had raised a dispute. On receiving information about the incident, a police party reached the village and recorded the statement of PW-2 and on that