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2. Briefly stated, the case of the prosecution is that both the parties are closely related to each other. Ajit Singh son of Lal Singh, complainant, is real brother of deceased Balbir Singh and son of deceased Smt. Shiv Kaur and Lal Singh, another injured. Accused Shanga Singh and Lal Singh injured are real brothers. Accused Darshan Singh and Joga Singh are sons of accused Shanga Singh.

3. On 30.3.1998 Ajit Singh, complainant, had gone to his fields. He was returning to his house at about 9.00 a.m., when he noticed that his brother Balbir Singh (deceased) was standing on the road side, outside his house, awaiting for arrival of a bus for going to join his duty, when accused Darshan Singh armed with datar, accused Joga Singh armed with Kirpan and accused Shanga Singh armed with another kirpan came there. Shanga Singh raised lalkara to teach a lesson to the complainant party for asking them to vacate the land. Thereafter, all the three accused assaulted him. Accused Darshan Singh gave datar blow on the left side of the head of Balbir Singh and after receiving the said blow, he fell down. Accused Joga Singh gave kirpan blow thrust-wise near his left ankle. Ajit Singh raised lalkara, which attracted his father Lal Singh (injured) and mother Shiv Kaur (deceased). Accused Shanga Singh gave kirpan blows on the legs and arms of Lal Singh. Joga Singh gave kirpan blows on the right leg of Balbir Singh. Accused Darshan Singh gave datar blows from its reverse side on the legs and arms of Shiv Kaur. When Ajit Singh, complainant, intervened accused Darshan Singh gave a datar blow which hit him on the thumb of his right hand. The occurrence was also seen by Joginder Singh and Chain Singh. After causing injuries all the accused ran away with their respective weapons.

15. PW4 is Constable Amarjit Singh, who is a formal witness and who had tendered in evidence affidavit of his statement Ex.PE. He had delivered the special report of this case to the Illaqa Magistrate.

16. PW5 is MHC Kuldip Kumar, who is also a formal witness and who tendered in evidence affidavit of his statement Ex.PF.

17. PW6 is ASI Sarabjit Singh, who had also tendered in evidence affidavit of his statement Ex.PG.

18. PW7 is Ajit Singh son of Lal Singh, at whose instance the present case was registered. He had narrated the whole occurrence to SI/SHO Tilak Raj (PW10). He specifically deposed that on 30.3.1998 at about 9.00 a.m. he was returning from his fields when he noticed that his brother Balbir Singh was standing on the turn of Village Suchan in order to board a bus. He clarified that the said place is at a distance of 10/15 karams from their house. He again deposed that when he reached in front of the house, he observed that accused Darshan Singh armed with datar, Joga Singh armed with kirpan and Shanga Singh armed with kirpan came there and that Shanga Singh raised lalkara to teach a lesson to his brother for getting vacated the land and that Darshan Singh gave datar blow on the head of Balbir Singh, due to which he fell down. He further deposed that Joga Singh gave a kirpan blow thrust-wise on his left ankle and that he raised alarm and that his parents also reached there in order to save him. He further deposed that his mother came forward and Darshan Singh gave datar blow from its reverse side on the legs and arms of his mother. He further deposed that when he intervened, Darshan Singh gave datar blow, which hit thumb of his left hand. He again deposed that when his father Lal Singh came forward accused Shanga Singh gave kirpan blows on his legs and arms and that on hearing noise Joginder Singh and Chain Singh reached the spot and that accused ran away with their respective weapons. He further deposed that he removed the injured to Civil Hospital, Kahnuwan, however, his brother Balbir Singh succumbed to injuries on the way.

20. PW8 is Lal Singh another injured. He deposed that his son Balbir Singh was to board a bus from a distance of 20 karams from his house when accused Shanga Singh armed with kirpan, Darshan Singh armed with datar and Joga Singh armed with kirpan reached there and that accused Darshan Singh gave datar blow on the head of Balbir Singh due to which he fell down. Accused Joga Singh gave kirpan blow on his leg and when his wife came running on hearing the noise, she was also caused injuries by Darshan Singh and Joga Singh. He further deposed that his son Ajit Singh had also returned from the fields and that he was also given datar blow by Darshan Singh and his thumb was chopped off. He further deposed that accused Shanga Singh gave kirpan blows on his right leg and right arm and that his right arm was cut.

44. So far as the fact as to whether accused Shanga Singh and Joga Singh also shared common intention with accused Darshan Singh to commit murders of Balbir Singh and Shiv Kaur is concerned, there is no force in the argument of learned counsel for the accused that Shanga Singh was attributed only lalkara and that only single injury has been attributed to Joga Singh and hence it cannot be said that Shanga Singh and Joga Singh shared the common intention with accused Darshan Singh. All the three accused were armed with sharp edged weapons, i.e., two kirpans and one datar. Injuries have been attributed to all the three accused, caused to one or the other injured. Injuries were caused in pursuance of lalkara given by accused Shanga Singh. Hence it has rightly been held by learned trial Court that all the accused shared common intention to cause injuries to the deceased and to the injured witnesses.