JUDGEMENT

1. There are two appellants. They along with one Dalbir Singh were tried for offence punishable under S. 302 read with S.34, IPC for causing the death of Lachhmi Chand, the deceased in the case. The trial Court acquitted Dalbir Singh but convicted the two appellants. The conviction was confirmed by the High Court.

2. The prosecution case is that there was some dispute regarding the irrigation of the land. On 7th February, 1978 the deceased and his brother Prem Singh, PW 2 uprooted their potato crop and the crop was lying in the field. In order to keep watch over that crop, Lachhmi Chand slept in the shed of his tubewell. On 8th February, 1978 at 6.00 a.m. PW 2 went to the tubewell taking tea for his brother Lachhmi Chand, the deceased. When he was 100 yards away from the tubewell, he heard his brother crying "Mar dia Mar dia". PW 3, uncle of PW 2 was at that time irrigating his field situated nearby. P.W. 2 shouted to him that his brother was being killed. PWs 2 and 3 ran towards the tubewell. They were at a distance of 15 to 20 paces when they saw the two appellants along with Dalbir Singh coming out of the shed. The two appellants were armed with hali and gandhali, respec