JUDGMENT

Dr. Anand, J. - This appeal under section 2(a) of the Supreme Court (Enlargement of Appellate Jurisdiction) Act, 1970 is directed against the judgment and order of the High Court of Rajasthan dated 21.8.1985 in Criminal Appeal No. 494/1974 convicting the appellant for an offence under section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life by reversing an order of his acquittal recorded by the Additional Sessions Judge, Ganganagar vide judgment and order dated 13.2.1974.

2. According to the prosecution case, Mani Ram appellant and his brother Hari Ram had removed the fencing over the field of Hazur Singh deceased about 20-22 days prior to the occurrence, which took place on 22.6.1972 at about 12.30 noon, and that action of the appellant and his brother had resulted in a quarrel between the brothers and Hazur Singh and had created ill feelings between the Parties. On the fateful day of 22.6.1972, Hazur Singh deceased had gone to his field. His wife Surjeet Kaur P.W. 1 and his son Jaskaran P.W. 2 later on went to the field carrying meals for Hazur Singh. After, Hazur Singh had taken his meal, all the three were returning to their village from