R.S. VERM A, J.—Learned Addl. Sessions Judge No. 1, Hanumangarh, exercising jurisdiction in sessions division, Sriganganagar, has convicted accused-appellants Inder Singh @ Thunia Singh and Nahar Singh for offences under sections 302 read with 34 I.P.C. and 450 I.P.C. on the first count, he has sentenced each one of the appellants to undergo imprisonment for life and to pay a fine of Rs. 1000/- each and in default to undergo further rigorous imprison-ment for six months. On the second count, each of the appellants has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- each and in default, to undergo further rigorous imprisonment for three months each. Both the substantive sentences have been ordered to run concurrently. Aggrieved, Inder Singh has filed D.B. Criminal Jail Appeal No. 367/85 while Nahar Singh has filed D.B. Criminal Jail Apeal No. 368/85. Since both the appeals arise out of a common judgment, they have been heard together and are being disposed of by a single judgment.

2. The appellants and the deceased as also PW 1 Kishan Singh and PW 2 Vijay Singh are close relations as would be evident from the pedigree given below:-

Jeet Singh

Khangar Singh @Gang Singh Ram Singh Kalu Singh Ganpat Singh

Bhopal Singh Bhani Singh Sohan Singh Himmat Singh Kishan Singh PW1 Vijay Singh PW2

Nahar Singh (appellant) Iner Singh (appellant)

3. The prosecution story is that certain agricultural land of Khangar Singh the grand father of the appellants was under cultivatory possession of Ganpat Singh and his sons PW 1 Kishan Singh, PW 2 Vijay Singh and Himmat Singh since deceased. Sohan Singh, father of the appellants claimed l/3rd share in the said land and some litigation ensued between the appellants on one hand and PW 1 Kishan Singh, PW 2 Vijay Singh and deceased Himmat Singh on the other hand. Thus, the relations between the two branches of the families were strained. As a sequal, Sohan Singh aforesaid was murdered. Three persons were arraigned at the trial for murder of Sohan Singh, namely Amar Singh s/o PW 1 Kishan Singh, PW 2 Vijay Singh himself and Babu Singh son of deceased Himmat Singh. The prosecution story is that at the aforesaid trial, Amar Singh and Vijay Singh were acquitted but Babu Singh was convicted. The appellants, therefore, bore a grouse towards Himmat Singh, whose son had been convicted for the murder of the father of the appellants.

4. The prosecution story, further, is that PW 1 Kishan Singh and PW 2 Vijay Singh were residing in village Dhaba itself while Himmat Singh aforesaid was residing at Ladam with his sister even though he had a house at Dhaba and his sons were residing in the dhanis of village Dhaba. Himmat Singh came to village Dhaba on 21.3.83 and stayed that day and following night with PW 2 Vijay Singh. On 22.3.83 at about 12 noon, Himmat Singh took his lunch at the residence of PW 2 Vijay Singh. PW 1 Kishan Singh happened to be present at the time Himmat Singh was taking his lunch. After Himmat Singh had taken the lunch, PW 1 Kishan Singh and Himmat Singh left for the house of Himmat Singh and reached the house of Himmat Singh within a shortwhile. Both of them squatted in the outer room of Himmat Singh for a while and then Himmat Singh got ready for taking a bath in that very room. He got up and sat on a pata. No sooner Himmat Singh had sat on the pata, the accused-appellants entered the room of Himmat Singh from its eastern door. Each one of them was having a sword. Both of them dealt a sword blow each on the head of Himmat Singh with the result that Himmat Singh fell down from the pata. Seeing this, PW 1 Kishan Singh ran out of the room and rushed to the house of PW 2 Vijay Singh. He informed PW 2 Vijay Singh of this incident at which Vijay Singh accompanied with Kishan Singh, came towards the house of Himmat Singh and from behind the turn of the street, they saw appellants dragging Himmat Singh from the chabutara of his house to the street. Aft

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