JUDGMENT

M.K. Mukherjee, J.-Jaswant Singh, the respondent in these two appeals, was convicted by the Sessions Judge, Ferozepur under Sections 302 I.P.C. and 27 of the Arms Act for committing the murder of Harnek Singh on August 24, 1990 by firing at him. For the conviction under Section 302 I.P.C. he was sentenced to imprisonment for life and fine, and for the other conviction he was sentenced to rigorous imprisonment for three years and fine with a direction that the substantive sentences shall run concurrently. In the appeal preferred by him the High Court set aside his above convictions and instead thereof convicted him under Section 304 (Part I) I.P.C. For the conviction so recorded he was sentenced to rigorous imprisonment for seven years and fine. Assailing his acquittal of the offences under Sections 302 I.P.C. and 27 of the Arms Act these two appeals have been filed : one by the wife of the deceased and the other by the State of Punjab.

2. At the material time Balkaran Singh (P.W.2) was the principal of the Government Senior Secondary School, Talwandi Bhai and Harnek Singh (the deceased) and the respondent were teachers of that school. Sometimes before the death of Harnek Sin