BHATNAGAR, J.—This appeal is directed against the judgment passed by the Additional Sessions Judge, Hanumangarh dated June 14, 1976 by which the appellant Jhuntha Ram was convicted for the offence under section 302 and Sec. 27 of the Arms Act and sentenced to imprisonment for life on the first count and two years R. I. and a fine of Rs. 1000/- in default of payment of fine to undergo two months R. I. on the second count.

2. Briefly stated the facts of the case giving rise to this appeal are as under:—

3. In the precincts of village-Nagrasari there was land which the villagers claimed to be abadi land in view of the increasing population of the village and the appellant Jhuntha Ram claimed to be his in view of the allotment made to him. It is alleged that deceased Lal Chand Brahmin had encroached upon that land by constructing an enclosure (Bada) which created annoyance to the appellant. On 30th November, 1973 at about 10-30 a. m. there was hot exchange of words between Lal Chand Brahmin and appellant Jhuntha Ram concerning that Bada. Jhuntha Ram hurled abuses to Lal Chand and fired a shot from his muzzle loading gun which proved fatal for Lal Chand. Lal Chand Jat (P.W.I) who was in h

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