JUDGMENT :

Jasjit Singh Bedi, J.

1. This order shall dispose of two criminal appeals i.e. CRA-D-293-DB-2004 preferred by the accused-appellants, namely, Gurdev Singh, Jagsir Singh, Kulbir Singh and Joginder Singh against the judgment of conviction and order of sentence dated 26.02.2004 passed by the Additional Sessions Judge, Ferozepur and the other appeal bearing No. CRA-D-730-DBA-2005 preferred by the complainant-Joginder Singh against the judgment of acquittal dated 26.02.2004 passed by the Additional Sessions Judge, Ferozepur.

2. The FIR in the present case (CRA-D-293-2004) came to be registered on 04.11.1998. The judgment of conviction and order of sentence was passed on 26.02.2004 by the Additional Sessions Judge, Ferozepur. The Appeal dated 25.03.2004 preferred against the aforesaid judgment of conviction and order of sentence has come up for final hearing now i.e. after a period of 26 years from the date of registration of the FIR.

3. For the sake of convenience, the facts being are taken from CRA-D-293-DB-2004.

4. The prosecution story, in brief, is that in the year 1980, Joginder Singh, father of Gurdev Singh accused, was murdered and a criminal case for that murder was registered against the present complainant party. On that account the accused were nourishing a grudge against the complainant party. On 04.11.998 at about 5/5.15 P.M., Swaran Singh complainant PW-7, alongwith his younger brother Sarup Singh PW-4, was making ridges in the fields for sowing the potatoes. At that time, Beant Singh-deceased was coming on the footpath of the canal after grazing the cattle. Suddenly, Gurdev Singh came out from the house of Jagsir Singh accused holding a double barrel 12 bore gun in his hand. He raised a lalkara that he was to take revenge for the murder of his father and fired a shot from his gun towards Beant Singh which hit him on the front side of his chest as a result of which he fell down. Joginder Singh accused came out of the house while armed with a .315 bore rifle and fired from the same at Beant Singh. Simultaneously, Darbara Singh accused also came out from the house with a .315 bore rifle and fired a shot from the same upon Beant Singh. Jagsir Singh and Kulbir Singh accused also came out of the house while armed with a Kasia and takuwa, respectively. Jagsir Singh gave a blow with his Kasia on the left eyebrow of Beant Singh whereas Kulbir Singh accused gave a blow with his takuwa from the blunt side on his forehead. The complainant and Sarup Singh raised an alarm upon which Gurdev Singh, Joginder Singh and Darbara Singh ran away from the spot while firing from their gun/rifles whereas the other two accused advanced towards them. Jagsir Singh gave a blow with his kasia from the blunt side of the right shoulder of Sarup Singh. Kulbir Singh hurled a blow with his takuwa towards the complainant as a result of which, he received an injury on the index and adjoining fingers. Thereafter, both those accused also ran away from the spot. The complainant and Sarup Singh were removing Beant Singh to Civil Hospital, Ferozepur in the tractor trolley but he succumbed to his injuries outside the hospital. After leaving Sarup Singh by the side of the dead body, the complainant was proceeding to the Police Station when Hardev Singh, Inspector SHO PW-12, alongwith other police officials, met him in front of Raja Takies. At that place, he made his statement Ex.P-15 about this occurrence before the SHO, who after making his endorsement upon the same sent it to the police Station on the basis of which a formal F.I.R. Ex.P-27 was recorded against the accused. The SHO accompanied by the other police officials and the complainant came to the Civil Hospital. He prepared the inquest report Ex.P-28 in respect of the dead body of Beant Singh and sent the same for post mortem examination, alongwith his application Ex..P-7/13, under the supervision of Ashok Kumar ASI PW-9 and Mohinder Singh Constable. On 05.11.1998, he went to the place of occurr