Kanwaljit Singh Ahluwalia, J.

1. The present appeal has been filed by Kishore alias Nand Kishore son of Roop Singh, resident of village Karnera, Tehsil Ballabhgarh, District Faridabad. He has been convicted by the Court of learned Sessions Judge, Faridabad, under Section 304 Part-II IPC and has been sentenced to seven years rigorous imprisonment.

2. Appellant was nominated as accused in case FIR No. 241 dated 24.10.1992 registered at Police Station Sadar, Ballabhgarh, under Sections 148, 149, 302 & 323 IPC along with nine other persons. Learned Sessions Judge held that the prosecution has failed to bring home the guilty of accused Roop Singh, Ram Singh, Chattar Singh, Vijay, Devi Ram, Rughan, Hatia, Bhagwan Dass and Parkash and they were acquitted. No appeal against acquittal has been filed against the acquittal of acquitted accused.

3. In the present case, FIR has been lodged at the instance of Daya Krishan son of Nand Lal, resident of village Karnera. He stated in the FIR that Ram Singh, Roop Singh, both sons of Udmi, caste Jhimar, residents of his village have been illegally cultivating the land of Gram Panchayat measuring 79 kanals 4 marlas. Panchayat of village had fil