Judgment

S. C. AGRAWAL, J. :- This appeal by special leave is directed against the judgment and order of the High Court of Punjab and Haryana dated April 8, 1981 whereby the appellant has been convicted of the offences under Sections 302, 325/34, 323/34, 324/34, IPC. Hukmi, the son of the appellant was acquitted of the offence under Section 302, IPC but his conviction for the offences under Ss. 325/34, 324/34 and 323/34, IPC was maintained.

2. The case of the prosecution is, briefly, as under :

Nanka Ram had three sons appellant; Sunder, Hira Ram PW- 18 and Wazir Chand, deceased. Nanka Ram had divided his land into four shares. After giving one share to each of his three sons, he kept one share for himself. Nanka Ram was residing with the deceased. The appellant was not happy with this arrangement and he wanted Nanka Ram to divide his fourth share amongst the three sons and he suspected that the deceased and Hira Ram, PW-18, were not allowing Nanka Ram to accede to this demand of the appellant. The houses of the appellant and deceased and Hira Ram, PW- 18 are adjacent to each other and are divided by a common wall. On August 15, 1979, the date of the occurrence, in the morning when th