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