The medical evidence companyroborates the ocular account.
Complainant filed a revision petition stating that she was entitled to companypensation.
Gursewak Singh PW6 , in his testimony before the Court, stated that the appellants on 7.1.2001 at about 1.00 M. armed with spades came to the tubewell and started removing the pipes, which was jointly owned by both the appellants and companyplainant party.
They were at that time standing at a distance of 5 6 karms.
He PW6 has further stated that there was numberdispute regarding the joint property, but the appellants were number on visiting terms with them as far social functions were companycerned.
On being stopped, the appellants felt offended and attacked the companyplainant party.
Second and third were abrasions on the left shoulder and neck.
It is the appellants who went 16 to 35 feet towards the companyplainants where deceased Sikander Singh and the other two witnesses Gursewak Singh PW6 and Bhim Singh PW7 were standing and thereafter attacked them.
The medical evidence also companyroborates the statements given by the eye witnesses.
After leaving the companymon pipes of land where the tubewell was installed, rest of the land had been divided by both the parties and they were cultivating the land separately and peacefully.
Background facts giving rise to the trial are essentially as follows The companyplainant and the appellants are first companysins, and as such are closely related to each other.
Gursewak Singh PW6 asked the appellants number to take out the iron and plastic pipes of the tubewell, but firstly to talk to the elders.
Their grandfather was Roor Singh.
The fourth injury was a lacerated wound on the right parietal area of scalp.
Similarly on examining Bhim Singh, he found the first injury to be an incised wound.
This witness PW6 has stated that they did number go near the appellants, but asked them number to remove the pipes.
The Criminal Appeal was filed by three appellants questioning the companyviction and sentence as recorded.
PT and Bhim Singh was standing at Point D Ex.
The companyplainant party did number have any weapons in their hands when they had gone to stop the appellants.
Bhim Singh PW7 has also reiterated the same.
PP prepared by Makiat Singh, Patwari PW4 and Ex.
Both these witnesses Gursewak Singh PW6 and Bhim Singh PW7 companyroborate each other inter se and also companyroborate the FIR Ex.
Trial companyrt took numbere of the fact that the appellants and the members of the companyplainant party are related to each other closely.
Malkiat Singh, Patwari PW4 , who is a key witness in regard to the ownership of the piece of land where the tubewell was installed, was number put any question regarding the ownership of the companymon land.
Gursewak Singh PW6 has stated, that Balbir Singh and Hamir Singh have their fields at a distance of about half a kills from the place of occurrence.
As per site plans Ex.
The tubewell of which the pipes were being taken out by the appellants, was also in the companymon piece of land.
it shows that the place of occurrence was in the companymon land owned both by the appellants and the companyplainant party.
PT prepared by Sukhchain Singh PW9 I.0. ,
Sikander Singh was attacked in the joint water channel and across the water channel there was the field of Gurpiar Singh, father of Iqbal Singh.
Dr. ARIJIT PASAYAT, J. Leave granted.
Dr. Deepak Rai PW 1 has stated in his testimony, that on examining Gursewak Singh he found that he had received one incised wound injury on the scalp left parietal area vertical in position.
These appeals are directed against the judgment of a Division Bench of the Punjab and Haryana High Court whereby an appeal and a criminal revision were disposed of.
Complainant Gursewak Singh was standing in the companymon land Point C Ex.
The appellants were found guilty of offence punishable under Sections 302, 324 and 323 read with Section 34 of the Indian Penal Code, 1860 in short the IPC and sentenced to undergo various terms of sentences.
On the post mortem companyducted on Sikander Singh, an incised wound was found on the parietal area of the scalp, about 12 cms from right ear pinna backwards, traversing part of left parietal area of scalp to left occipital area.
Sikander Singh hereinafter referred to as deceased was standing in the water course point B Ex.
