JUDGMENT

Pattanaik. J.-Appellant Babu Singh along with his younger brother Sadhu Singh stood charged under Section 302 read with Section 120-B I.P.C. for hatching a conspiracy at Calcutta to kill their younger brother Jagrup Singh and killing said Jagrup Singh in their own house in village Tiranji Khera in Punjab on 6.11.1981. The learned Additional Sessions Judge on discussion of the evidence on record came to hold that the prosecution has utterly failed to establish the charge under section 120 B of the Indian Penal Code. Accordingly co-accused Sadhu Singh was acquitted. But on the evidence of PW 14 who was the servant of the deceased and who had come from Calcutta with him as well as other corroborating evidence convicted the appellant under Section 302 I.P.C. and sentenced him to imprisonment for life. On appeal being carried by the accused appellant the High Court of Punjab and Haryana maintained the conviction and sentence of the appellant in Criminal Appeal No. 748-DB of 1982. Hence the present appeal.

2. The prosecution case as unfolded in the F.I.R. lodged by Bant Singh, PW 5 father of the appellant is that the deceased as well as two accused persons were doing their bu