MEHTA, J.

( 1 ) THERE lived one Nand Singh Sikh in the village Uttamsinghwala. He had had six sons, namely (1) Bhola Singh, (2) Gurdev Singh, (3) Darshan Singh, (4) Makhan singh, (5) Raja Singh and (6) Gurmej Singh. The accused Bhola Singh had been separated from the joint family. He was living in the northern portion of the family house, in the Chak Uttamsinghwala. The rest of the brothers were living with their parents in its southern part. The other accused Kor Singh is the son of the accused Bhola Singhs wifes sister. It is alleged by the prosecution that on July 21. 1967, at about noon, when the deceased Makhan Singh and Raja Singh were irrigating their agricultural land, their brother Bhola Singh blocked the water course and diverted water towards his own land. Makhan Singh objected to it and turned water towards his land on the rear side, with the result that water stopped from flowing into Bhola Singhs field. This enraged Bhola Singh. He hurriedly went to his house and returned to his field with a "barcha". His father Nand Singh, his mother Mst. Gurdayal Kaur, P. W. 2, and his uncle Hari Singh intervened. They stopped Bhola Singh from putting up fight with his brot