JUDGMENT

S.RATNAVEL PANDIAN, J.:— The above appeal is preferred by the appellant Baldev Singh challenging the correctness of the judgment rendered in Criminal Appeal No. 711 of 1975 by the High Court of Punjab and Haryana at Chandigarh. The facts of the case briefly stated are as follows:

On 14-1-1975 at about 9.30 p.m. the deceased Baldev Singh and Amar Nath, P.W. 10 left their poultry farm in a truck driven by the deceased to their respective homes. When they were about to enter a lane, they found a jeep bearing Registration No. DLK-6698 having been parked obstructing the way. The appellant and one Jagtar Singh (who was coaccused and since acquitted) was standing near the jeep. The deceased and P.W. 10 requested the appellant and another to move their jeep aside so that their truck could pass through, but the appellant and his co-accused instead of moving the jeep got hold of P.W. 10 and gave him some slaps and fist blows. When the deceased intervened, the appellant whipped out a pistol. Apprehending imminent danger to his life, the deceased attempted to run away but the appellant fired two shots from his pistol simultaneously which hit on the back of the deceased. The deceased f