JUDGMENT

Mukherjee. J. - The appellant and four others were tried by the Sessions Judge, Kapurthala for offences punishable under Sections 148, 449/149, 302/149 and 307/ 149 I.P.C. The trial ended in the conviction of the appellant under Sections 302 and 307 I.P.C. and acquittal of others. As the appeal preferred by the appellant before the High Court was dismissed he was filed the instant appeal after obtaining special leave.

2.The prosecution case, briefly stated, is as under:

A civil litigation was going on between Walaiti Ram and accused Narinder Singh (since acquitted), both of whom were residents of Bholath, over a plot of land. Pursuant to the judgment of the Civil Court Walaiti Ram obtained possession of the land some time before the incident with which we are concerned in this appeal. On November 28, 1996 at or about 10 A.M. when Walaiti Ram along with his brother Kharaiti Ram, Kharaiti Lal (P.W.4) and Ajit Singh (P.W. 5) was filling the foundation of the land in question the five accused persons came there armed with deadly weapons. The appellants was armed with a pistol and the other accused persons with various other weapons. Reaching there Narinder Singh gave out that