JUDGMENT

SHINGHAL, J.:—This appeal of Maina Singh arises out of the judgment of the Rajasthan High Court dated April 21, 1971 upholding the trial court s judgment convicting him of an offence under Section 302 read with Section 34, I. P. C. for causing the death of Amar Singh and of an offence under Section 326, I. P. C. for causing grievous injuries to Amar Singh s son Ajeet Singh (P. W. 2), and sentencing him to imprisonment for life for the offence of murder and to rigorous imprisonment for 1085 three years and a fine of Rs. 100/- for the other offence.

2. The deceased Amar Singh and accused Maina Singh and his three sons Hardeep Singh, Jeet Singh and Puran Singh used to live in "chak No. 77 GB, in Ganganagar district of Rajasthan while Narain Singh used to live in another chak . It was alleged that the relations between Amar Singh and Maina Singh were strained, as Maina Singh suspected that Amar Singh was giving information about his smuggling activities. Amar Singh was having some construction work done in his house and had engaged Isar Ram (P. W. 3) as a mason. On June 29, 1967, at about sunset, the deceased Amar Singh, his son Ajeet Singh (PW 2) and Isar Ram (PW 3) went to