JUDGMENT

Harjit Singh Bedi, J. —

This appeal arises out of the following facts:

1. The accused Hari Singh of village Suthari was running a brick kiln on the outskirts of the village. Subsequently, one Randhir Singh installed another brick kiln nearby. Hari Singh and his brothers, however, did not allow Randhir Singh to run his brick kiln effectively and ultimately Randhir Singh sold his brick kiln to Gulab Singh deceased some three months prior to the incident. About 15 days prior thereto, Hari Singh and his brother Mohar Singh clandestinely removed a large number of bricks from Gulab Singh’s brick kiln and on being questioned by him they told him that they would not allow his kiln to run. On the night intervening 7th and 8th June, 1980 at about 1.00 a.m. Gulab Singh was asleep in the verandah of his house when Hari Singh armed with a lathi and Mohar Singh with a country made pistol entered the house and the latter fired a shot at Gulab Singh. On hearing the sound, Prem Pal PW-1, the son of the deceased and Kalu @ Anand Swarup PW-5, flashed a torch and also raised a cry attracting Jagdish PW-6 and one Mukhara to the spot. These witnesses also saw the accused running out of the vera