JUDGMENT :

T.S. Thakur, J.

1. These appeals by special leave arise out of a common judgment and order dated 17th March, 2009, passed by a Division Bench of the High Court of Punjab and Haryana whereby Criminal Appeals No. 572-DB of 2004, 603-DB of 2004, 646-DB of 2004 and Crl. Revision No. 2410 of 2004 have been dismissed while Crl. Appeals N0.1362-SB of 2004, and 1388-SB of 2004 have been allowed. Criminal Appeals No. 585-DB of 2004 and 1314-SB of 2004 have been similarly allowed by the High Court but only in part and to the extent indicated in the judgment under appeal.

2. The factual backdrop in which FIR No. 412 dated 3rd May, 2001, Under Sections 302, 307, 148 and 149 Indian Penal Code and Sections 25, 27, 54 and 49 of the Arms Act came to be registered at Police Station Sadar, Patiala and a charge sheet based on the investigation conducted in the said case and in cross case No. SC No. 58T/FTC dated 23rd April, 2004 came to be filed before the Additional Sessions Judge (Ad hoc), Patiala, have been set out at length by the Trial Court as also the High Court in the judgments impugned before us. It is, therefore, unnecessary to recapitulate the same over again except to the extent it is absolutely essential to do so for the disposal of these appeals.

3. Briefly stated, FIR No. 412 dated 3rd May, 2001 was registered on the basis of a statement made by Ranjit Singh (PW 11) to the effect that on 3rd May, 2001 at about 4.30/5.00 A.M. The informant was along with his brother, Amrik Singh and nephews, Vikramjit Singh, Shavinderjit Singh, Ramandeep Singh and Gobind Singh harvesting the wheat crop grown by Amrik Singh over a parcel of land in their possession situate in village Chuharpur Kalan, District Patiala, when a mob comprising several persons named by the informant armed with guns and other weapons like Gandasi, Kirpan and Dangs came from the village side shouting that they should not allow the complainant party to escape and should teach them a lesson. Those with guns in the mob started firing at the complainant party. Gunshot injuries sustained by Amrik Singh and his son Vikramjit Singh felled them to the ground. The informant's nephew Shavinderjit Singh also received a gunshot injury. The mob then assaulted the complainant party including Amrik Singh and his son Vikramjit Singh with sharp-edged weapons no matter the two had already collapsed to the ground because of the firearm injuries. They also attacked the informant and Shavinderjit Singh. The informant further stated that Ramandeep Singh and Gobind Singh who had concealed themselves behind the harvesting combine raised an alarm and cried for help whereupon the accused fled away from the spot with their respective weapons.

4. The informant's father and other people from the village in the meantime came to the spot hearing the noise and found Amrik Singh and his son Vikramjit Singh dead due to gunshot and other injuries received by them. They arranged vehicles to remove the informant and Shavinderjit Singh to Rajindra Hospital, Patiala for treatment leaving behind the dead bodies of Amrik Singh and Vikramjit Singh in the fields where the occurrence had taken place. According to the informant the complainant party were in possession of 2½ acres of land situated in the vicinity of the village. The girdawari/revenue entries regarding the land were also in the name of Amrik Singh the deceased. The assailants had come to the spot to dispossess the complainant party from the parcel of land in connivance with the Sarpanch of the village.

5. A rival version regarding the genesis of the incident was given by the accused party in the statement of Mohinder Singh recorded by SI Bhag Singh in the Rajindra Hospital at 2.00 p.m. on 4th May, 2001. According to that version the informant was on the night intervening 2nd/3rd May, 2001 sleeping along with his wife, Harbans Kaur on the roof of his house. At about 3.00 a.m. they heard the noise of a harvesting combine machine in the fields which