JUDGMENT

Dalveer Bhandari, J.—

1. This appeal is directed against the judgment and order of the Punjab & Haryana High Court in Criminal Appeal No.446- (Division Bench) of 1994 dated 6.8.2002.

2. Both Darshan Singh and Bakhtawar Singh were acquitted by the Sessions Court, Ludhiana. The said judgment of acquittal was set aside by the High Court of Punjab & Haryana at Chandigarh.

3. Darshan Singh and Bakhtawar Singh filed appeal against the said judgment before this court. During the pendency of this appeal, Bakhtawar Singh died and consequently the appeal filed by him abated.

4. Brief facts which are necessary to dispose of this appeal are recapitulated as under:- The dispute is between very close and intimate family members. Deceased Gurcharan Singh was the brother of Bakhtawar Singh and uncle of Darshan Singh. He was the father of Gurdish Singh, PW7, the informant. The agriculture fields of both brothers, Gurcharan Singh and Bakhtawar Singh were situated adjoining to each other. According to the prosecution, on 15.7.1991 at about 8 a.m. Gurdish Singh, PW7 and his father, Gurcharan Singh were irrigating their aforesaid fields and were also mending its ridges and at that time Gurdev