JUDGMENT

KULDIP SINGH, J.:- Bhagwan Swaroop was charged under S. 302, I.P.C. for the murder of Man Singh and under S. 307, I.P.C. for an attempt to murder Shahid. He was further charged under S. 451, I.P.C. for committing trespass and also under Section 25-A (25(1 A)) of Arms Act. Ram Swaroop, father of Bhagwan Swaroop, was charged under Ss. 109/ 302,451, I.P.C. and 29 of the Arms Act. Ram Swaroop was acquitted of all the charges by the trial Court. Bhagwan Swaroop was, however, convicted under S. 302, I.P.C. and was sentenced to imprisonment for life. He was acquitted of the other two charges. The appeal filed by Bhagwan Swaroop was dismissed by the High Court. The High Court allowed the State appeal and further convicted Bhagwan Swaroop under S. 307, I. P. C. and S. 25-A (25(IA)) Arms Act. He was sentenced to five years and one year rigorous imprisonment respectively for the said offences. This appeal before us by way of special leave is by Bhagwan Swaroop against his conviction and sentence on the three counts.

2. Deceased Man Singh was the son of Shahjor Singh and brother of Babu Singh. They were living in the house owned by Ram Swaroop and his sons. There was dispute between the