Mr. M. Jeyapaul, J.:- Accused Manoj @ Sheru, Kuldeep @ Balkar, Harjeet @ Banti, Ashok @ Patwari, Rajneesh @ Thakur, Amit son of Satbir and Amit son of Suresh were sent up by the investigating agency to face trial for the charges under Sections 148, 323, 324, 307, 302, 395 and 447 read with Section 149 IPC and Section 25 of Arms Act. Accused Harjeet @ Banti had died during the pendency of trial and accused Kuldeep @ Pala being a juvenile was sent up to face enquiry before the Juvenile Justice Board. Accused Amit son of Suresh and accused Amit son of Satbir were acquitted of the charges. Therefore, Kuldeep @ Balkar, Ashok @ Patwari, Rajneesh @ Thakur have jointly preferred CRA-D- 394-DB of 2013 and Manoj @ Sheru has independently preferred CRA-D-519- DB of 2013.

2. The case, in brief, of the prosecution is that PW1 complainant Satbir Singh, his sons Rajbir and Udey Singh @ Somvir jointly cultivated the wheat crop in the panchayat land alongwith Baljeet and Attar Singh on lease basis. They had harvested the crop through Combine. On 11.4.2010, at about 10.30 a.m. complainant Satbir Singh having received an information that some people were making chaff of the wheat straw in the