JUDGMENT

Roy, J. - The Appellants in this case are Chet Ram, his two sons Lal Singh and Joti, and his three nephews Ram Ratan, Dhori and Ganga Ram. They have been convicted and sentenced u/s s. 147, 302/149, 325/149 and 323/149, IPC, the maximum sentence being one of life imprisonment u/s 302/149 IPC.

2. The facts alleged on behalf of the prosecution and supported by the eye witness account of six injured persons, namely, Karan Singh, Chob Singh, Paras Ram, Rup Ram, Budhu and Smt. Javitri, which are not now seriously disputed by counsel for the Appellants, are these. Ram Sarup Had been in cultivation of a plot of land bearing No. 279 in which his house also existed. His family was originally joint with the family of Chet Ram accused. A partition took place between ancestors of Ram Sarup and Chet Ram several years ago and since then the two families had been separate in residence, mess and cultivation. After the partition Ram Sarup and his brothers constructed the present house in their field bearing No. 279 outside the village abadi, whilst Chet Ram and his sons and nephews continued to reside in the village abadi. Adjacent to plot No. 279 there is another plot of land bearing No. 28