SAXENA, J.

( 1 ) THE aforementioned represented appeal as well as the jail appeal have been preferred against the judgment dated 19-2-1987 passed by the learned Addl. Sessions Judge, Raisingh Nagar in Sessions Case No. 39/ 85, whereby the appellant was found guilty for the offences under Section 302, IPC and Section 27, Indian Arms Act and sentenced to life imprisonment with a fine of Rs. 200 / - and in default to further undergo two months simple imprisonment under the first count and rigorous imprisonment for one year with a fine of Rs. 200 / -and in default to further undergo simple imprisonment for two months under the second count. It was also directed that both the substantive sentences shall run concurrently.

( 2 ) BRIEFLY stated the case of the prosecution is that PW 1 Lal Chand, who is a Pong Dam Oustee, was allotted in the year 1977 one murabba of agricultural land situated in chak 20 A. He had a son and five daughters. Appellant Balak Ram, who is an ex army presonnel, was married to Lal Chands eldest daughter DW 2 Smt. Kashmir Kaur. About seven years prior to the alleged incident, Lal Chand had given the said land to the appellant for cultivation. The appellant also started living in the said land by constructing a dhani thereon. In the year 1983, Lal Chand along with his family came from Himachal Pradesh and they also started living in one of the rooms in the said dni and started looking after his land. This annoyed the appellant, who started threatening Lal Chand. On 17-8-1984, Lal Chand submitted a written report Ex. D. 6 to the S. H. O. , P. S. , Anupgarh, wherein he alleged that in his absence, appellant Balak Ram had given twenty bighas of his allotted land on theka to one Jarnail Singh and told him to cultivate the remaining five bighas only; that the appellant also took away the contract amount and that when he asked him for the said amount, the appellant has threatened to kill and dispossess him from the said land. He further alleged that the appellant also threatened his another daughter Kumari Sarla and told her that he would kill her father Lal Chand by his gun. He further mentioned in Ex. D. 6 that his eldest daughter Smt. Kashmir Kaur was in collusion with her husband and prayed that the appellants gun be got deposited and that the appellant be dispossessed from the dhani and necessary action be taken against him. Thereupon, after enquiry, the S. H. O. submitted a report under Section 107, Cri. P. C. Ex. D. 10 against the appellant in the Court of Executive Magistrate, Anupgarh, wherein the appellant was arrested on 20-9-1984 and ultimately was bailed out on 29-11-1984. It is the case of the prosecution that the appellant used to threaten Lal Chand that after killing his daughters, he would implicate the latter. On 1-12-1984 at about 8-8. 30 A. M. , PW 1 Lal Chand along with his daughter PW 3 Kumari Sarla Devi aged 15-16 years heard the sound of gun shot fire coming from the house of the appellant. Thereupon, they rushed to appellants house and saw PW 4 Kumari Raksha weeping in the courtyard, who told them that her father (appellant Balak Ram) had fired a shot from his gun towards her younger sisters Sushma Kumari and Lata. Threupon, Lal Chand and Kumari Sarla went inside the room of the appellant, where they found him standing armed with his licensed twelve bore double barrel gun. Sushma and Lata were lying profusely bleeding. Lata had died on the spot, while Sushma was moaning. Inside appellants house, DW 2 Smt. Kashmir Kaur and one boy Shibbu alias Tambi were standing. On hearing the sound of gun shot fire, Jarnail Singh and PW 5 Purkha Ram also came there. Shibbu alias Tambi told them that appellant Balak Ram had fired from his gun on his daughters in his presence. Lal Chand, Kumari Raksha and Purkha Ram enquired the appellant, who made an extra judicial confession before them and told. It is alleged that thereafter appellant fled away from his house taking his gun. Lal Chand lodged an or