1. - This appeal is by Gurdeep Singh S/o Mukhtiyar Singh, who has been convicted for the offence u/s. 302 IPC by learned Additional Sessions Judge, Srikaranpur vide his judgment dated 5.11.1999.

2. As per the prosecution case, deceased-Dalbara Singh was brother of appellant's father and was having land at Chuck 2-EEA whereas appellant- Gurdeep Singh and his brothers viz. Malkeet Singh, Hardeep Singh and Mahendra Singh had a joint land at Phoolkheda at Haryana State. The deceased was residing at Phoolkheda whereas the appellant and his brothers were residing at Chuck 2-EEA. The deceased was desirous of getting the land situated at Phoolkheda where he was residing in exchange of his land situated at Chuck 2-EEA. The other three brothers of the appellant were agreeable to this exchange, while the appellant was not and therefore he was nurturing a grudge against Dalbara Singh, Gurdeep Singh was keen on getting his share of land that was situated in Phoolkheda which was in possession of the deceased. While Dalbara Singh was staying at Malkeet Singh's residence, at about 11.45 p.m. on 24.5.1997, Gurdeep Singh assaulted Dalbara Singh with lathi while he was sleeping outside the ho