JUDGMENT

Jai Singh Sekhon, J. - Satwarg Singh-appellant was tried on the charge for offence of the murder of his brother Harmel Singh punishable under Section 302, Indian Penal Code, by the learned Sessions Judge, Hoshiarpur. He was acquitted of the said charge, but found guilty of the offence of culpable homicide not amounting to murder punishable under Second Part of Section 304, Indian Penal Code. He was awarded seven years rigorous imprisonment and fine of Rs. 5,000/- or in default of payment thereof to further suffer one year's rigorous imprisonment. Feeling aggrieved against his conviction and sentence, the appellant has come up in appeal.

2. In brief, the facts of the prosecution case are that Harmel Singh (deceased) and Satwarg Singh accused are real brothers. Their grandfather Rattan Singh had given them some land located at two tube-wells for cultivation purposes in a family settlement. On November 11,1985, at about 4 or 5 P.M. Harmel singh (deceased) and his grant-father Rattan Singh were present on their tubewell while Harjinder Kaur (P.W.6) widow and Satnam Kaur (P.W.7) daughter of the deceased were plucking Saag from the nearby Sarson field. Satwarg Singh accused came