JUDGMENT :

Sureshwar Thakur, J.

1. Since both the criminal appeals (supra) arise from a common judgment, therefore, they are amenable for a common verdict becoming recorded thereons.

2. Both the appeals (supra) are directed respectively by the convicts-appellants, against the verdict of conviction, as made on 24.10.2006, by the learned Sessions Judge, Fatehabad, upon, Session Case No. 89 of 2002, wherethrough, in respect of charges drawn for offences punishable under Sections 148, 302/149, 307/149, 325/149 and 323/149 of the IPC, he made a finding of conviction against the accused.

3. Moreover, through a separate sentencing order drawn on 28.10.2006, the learned trial Judge concerned, proceeded to impose upon the convicts (supra) both sentence(s) of imprisonment as well as of fine, but in the hereinafter extracted manner

"3. Keeping in view the nature of the offence and the attending circumstances of the case, all the convicts are sentenced to undergo life imprisonment for having committed offence punishable under section 302 read with section 149 Indian Penal Code and to pay a fine of Rs.10,000/- each for having committed the above said offence. In default of payment of fine, the defaulter shall further undergo simple imprisonment for a period of three months.

4. All the convicts mentioned above are sentenced to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs 5,000/- each for having committed offence punishable under section 307 read with section 149. Indian Penal Code. In default of payment of fine, the defaulter shall further undergo simple imprisonment for a period of two months.

5. All the convicts are further sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs 1000/- each for having committed offence punishable under section 325 read with section 149 Indian Penal Code. In default of payment of fine, the defaulter shall further undergo simple imprisonment for a period of 15 days.

6. All the convicts are also sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs 500/- each for having committed offence punishable under section 323 read with section 149 Indian Penal Code. In default of payment of fine, the defaulter shall further undergo simple imprisonment for a period of seven days.

7. All the convicts are further sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs 1000/- each for having committed offence punishable under section 148 Indian Penal Code. In default of payment of fine, the defaulter shall further undergo simple imprisonment for a period of 15 days. "

8. All the sentences shall run concurrently.

4. The convicts-appellants become aggrieved from the above drawn verdict of conviction, besides also, become aggrieved from the consequent thereto sentences of imprisonment, and, of fine as became imposed upon them, by the learned convicting Court concerned, and hence have chosen to institute thereagainst the instant appeal before this Court.

Factual background

5. The genesis of the prosecution case, becomes embodied in the appeal FIR, to which Ex. P45 is assigned. As per the prosecution version, Mahabir Singh, Subhash, Vinod, Sat Narain and Krishan sons of Bhagirath reside in a Dhani at about 2 Kms. Away from Bhuna. They are cultivating their land jointly and are having joint mess and residence. Out of the total holding, they have set up a garden on an area measuring 20 acres. The accused were having grouse against the complainant party for utilizing the water for their fields, which was meant for garden. On 3.6.2002, Mahabir etc. had turn of water. Vinod went to the garden and diverted the flow of water in it. After diverting the water, he started for his other field across the road. While going to the other filed, he was crossing the road and was present on the culvert. At that time, accused, namely Darshan Singh, Sarwan Singh, Uggarsain, Mohinder, Subhash, Chhelu Ram, Hanuman