JAI SINGH SEKHON, J.

1. The appellant was tried and convicted by the learned Sessions Judge, Kapurthala, for having committed house trespass and murder of Bachitter Singh punishable under Sections 449 and 302, Indian Penal Code, and sentenced to undergo R.I. for a period of four years and to pay a fine of Rs. 2000.00 or in default thereof to further undergo R.I. for one year on the first count, while to imprisonment for the and a fine of Rs. 2000/or in default thereof to further undergo R.L for one year on the second count. Both the substantive sentence were, however, directed to run concurrently. The other two co-accused Gurdip Singh and Gurmej Singh were, however, released on probation under Section 4(1) of the Probation of Offenders Act for a period of one year, as they were found guilty under Sections 323 and 448, Indian Penal Code. Feeling aggrieved against the said order only Balwinder Singh, appellant, has come up in appeal.

2. In brief, the facts are that the land of the father of all the accused and Bachitter Singh deceased are located adjacent to each other in the revenue estate of village Khiranwali. The deceased had no regular passage or access to his land. He r