MEHTA, J.—The appellant Tej Singh has preferred this appeal against the Judgment dated October 25, 1978 of the Additional Sessions Judge No.2, Hanumangarh passed in Sessions Case No 76 of 1977. The appellant and the others viz , Raj Singh and Darshan Singh were prosecuted under s. 302/34, 307/34, 3?3 IPC and under s.27 of the Arms Act. The learned Additional Sessions Judge acquitted Darshan Singh and Raj Singh but however, convicted the accused-appellant Tej Singh under s.302 and 307 IPC and sentenced him to imprisonment for life under s.302 IPC and five years rigorous imprisonment under s.307 IPC.

2. Briefly stated the prosecution story is that P.W.5 Harnek Singh lodged a F.I.R. at Police Station, Sangaria on October 31, 1976 at 3 A.M. alleging that the accused-appellant Tej Singh is his younger brother. Harnek Singh (P.W.5) had no issues and he asked P.W.1 Major Singh to look after his fields and properties The accused-appellant Tej Singh became annoyed and in consequence thereof, he threatened P.W 1 Major Singh to return to his village. It has also been alleged that on October 20, 1976, P.W.5 Harnek Singh lodged a complaint under s. 107 Cr.P.C. against the accused-appellant Tej S

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