1. -This appeal is directed against the judgment dated 30.9.1982 passed by the learned Addl. Sessions Judge, Raisinghnagar, convicting the first and second appellants- Sohan Singh and Lakha Singh for the offence under section 307 IPC and sentencing each of them to two years' rigorous imprisonment and to pay a fine of Rs. 100/- and in default of payment of fine to further undergo one month's R.I. Third appellant-Amar Singh has been convicted for the offence under section 307/109 IPC and sentenced to one and half years' rigorous imprisonment and to pay a fine of Rs. One hundred and in default of payment of fine to further undergo one month' R.I.

2. The prosecution case is that on 28.11.1979, Jeet Singh lodged an FIR at Police Station, Anoopgarh, stating inter Alia that on 27.11.1979 in the night at about 10.00 p.m., he along with his nephew-Jaswant Singh had gone to the field to look after the crop. At about 10.30 p.m., when they reached near the water course, they found that it was overflowing. When they proceeded about 10-15 steps from the outlet, they saw five persons standing there. On their asking as to who they were, accused Amar Singh shouted that enemies have come. He