Judgment :

HARJIT SINGH BEDI, J.

1. The appellants herein, Gurdial Singh now aged 85 years, his brother Bakshish Singh, now aged 70 years, and Darshan Singh now aged about 35 years were brought to trial and convicted for offences punishable under Section 302/34 etc. of the IPC and sentenced to life imprisonment by the Trial Court. The High Court dismissed the appeal filed by them and the matter is before us after grant of special leave.

2. The facts are as under:

3. A drain carrying the village sewage ran across the house of Gurdial Singh appellant. He attempted to divert the course of the drain away from his house towards the house of Buta Singh deceased. A civil suit was accordingly filed by Buta Singh against Gurdial Singh for restraining him from constructing the new drain. It appears that the appellants had a grudge against Buta Singh and his family on that account. At about 8 a.m. on the 10th September 1995, as Buta Singh and his brother Gurbachan Singh were going towards their fields, they were way-laid in front of the village Gurdwara by Gurdial Singh, Bakhshish Singh, Darshan Singh, the appellants herein, and in addition Amrik Singh, Joginder Singh, Kulwant Singh and Balw