1. - This appeal has been preferred against the judgment dated 25.2.1993, passed by learned Additional Sessions Judge, No. 2, Sriganganagar, in Sessions Case No. 12/91, whereby he convicted the appellant for the offence under Section 307, I.P.C, and sentenced him to seven years' rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine, to further undergo rigorous imprisonment for one month. He, however, acquitted him of the offence under Section 148, IPC. He further acquitted six co-accused persons of the offence under section 147, IPC and section 307 read with section 149,1.P.C. but found co-accused Mohan Lal guilty of Offence under section 232, IPC and instead of sentencing him for imprisonment, released him on probation.

2. Stated in succinct, the relevant facts for disposal of this appeal are, that on 10.10.90 at 11:00 p.m., PW 5 Dilawar Singh lodged an oral report to the Station House Officer, Police Station, Hindumalkot, alleging that there was a dispute regarding way passing through his field, which he had already closed, that on that day at about 9dX) p.m. when he was standing near the door of his house, appellant Gurdeep Singh, alongwith six co-