A.N. JINDAL, J.

1. This judgment will dispose of Criminal Appeal No. 386-DB of 2004 and Criminal Revision No. 1923 of 2004 for enhancement of sentence arising out of judgment dated 27.3.2004 passed by Additional Sessions Judge (Adhoc), Gurdaspur whereby the accused Surinder Singh, Jagir Singh and his sons Hardip Singh & Major Singh were convicted for the offence under Sections 302, 324/34 IPC and were sentenced accordingly for committing murder of Gurcharan Singh and causing injuries to Surinderjit Singh.

2. The aforesaid accused persons and Sohan Singh (since acquitted) are residents of village Vithwan, Police Station Hargobindpur in district Gurdaspur. Gurcharan Singh complainant has two sons, namely; Lakhwinderjit Singh is posted in Warehouse in Gardhiwal, District Hoshiarpur and Surinderjit Singh is also along job in Government High School, Harchowal.

3. In his statement dated 27.1.2000 at about 7.30 p.m, Gurcharan Singh disclosed that when he alongwith his son Surinderjit Singh was present in his house, Surinder Singh @ Chhinda accused in front of his house (house across the road) had been abusing them. When they reached in the vacant plot of Piara Singh to prevent th