Judgment

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

1.1 Avatar Singh, accused, since acquitted, had taken an unauthorised connection from the electricity main line for the purpose of energising his tube well situated in village Bassi about 12 kms. away from Police Station Assandh. On 2nd July 1998, the officials of the Electricity Department accompanied by some police officers came to the tube well and removed the unauthorised line and took the wire away. Avatar Singh suspected that Joginder Singh P.W.1, who had a Dera at a very short distance away, had made the complaint to the Department which had brought the officers of the Department to his Dera. Due to this grudge, Amarjit Singh armed with a shot gun, Amrik Singh and Kashmir Singh all sons of Jarnail Singh attempted to stop the tractor trolley belonging to Joginder Singh P.W.1, while it was being driven to the fields with fertilizer. Nishan Singh – P.W. 3 son of Mohinder Singh was driving the tractor trolley of Joginder Singh was also accompanied by Palaram – P.W. 2 son of Fakiria one of Joginder Singh's Siris (crop-sharers). It appears that as a fall out of this incident two applications were fil