JUDGMENT

K. Jayachandra Reddy, J. - The appellant Balwant Singh, Police Constable No. 822, Police Lines, Ferozepur (original accused No. 2) was tried for offence punishable under Section 302 I.P.C. and alongwith him two other Constables (Original accused Nos. 1 and 3) were also tried for offence punishable under Section 302/34 I.P.C. on the basis of a complaint filed by Sohawa Ram, P.W. 5, brother of Pahalwan Ram, one of the deceased in the case. The police, however, challaned the appellant under Section 304-A I.P.C. The trial court acquitted all of them. The State of Punjab as well as the complainant filed two separate appeals in the High Court against the order of acquittal. The High Court by a common Judgment in the two appeals set aside the order of acquittal of the appellant and convicted him under Section 302 I.P.C. and sentenced him to undergo imprisonment for life. The acquittal of the other two accused was confirmed. Hence the present appeals under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 Cr. P.C.

2. The complainants case is as follows: On 13.9.1983 at about 9 p.m. Sohawa Ram, P.W.- 5 was present in hi