A.N.Jindal, J.

1. Dilbagh Singh, Gurdarshan Singh, Harbans Singh, Kaka Singh and Gurbachan Singh faced trial under Sections 302, 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC). Consequently, they were convicted by learned Additional Sessions Judge, Yamunanagar for the afore-said offences and were sentenced as under :

"Gurbachan Singh and Harbans Singh to undergo imprisonment for life and to pay a fine of Rs. 4000/- each and in default of payment of fine, they were to further undergo imprisonment for another period of three months each for the offence u/s. 302 IPC read with Section 34 IPC. Accused Kaka Singh was sentenced to under RI for a period of two years and to pay a fine of Rs. 1000/- and in default of payment of fine to undergo RI for another period of one month under Section 323 IPC."

2. Succinctly, the facts as emanating from the prosecution evidence are that the fields of Gurdeep Singh complainant and Gurdev Singh (deceased) adjoin each other. The land of Gurdev Singh abuts both the sides of the passage. On the fateful day i.e. 1.2.1998 Gurdev Singh deceased after drawing the pipe from one side of the passage was irrigating h