C. G. Suri, J.

1. Mohinder Singh aged 25 years, a military sepoy, resident of village Chalopur h_as filed this appeal against his conviction and life sentence Under Sec.302, Indian Penal Code, for the murder of Thakur Singh of his village on the night intervening 10th and 11th of May, 1969.

2. Thakur Singh deceased had retired as a major in the Indian Army and had settled down in the village. The plan. Exhibit D. W.7/1, prepared at the appellants instance shows that the deceased owned two houses shown by red colour in this plan. One of these houses has extensive lawns and a garrage attached. The deceased was. however, living separately from the rest of. the family in a smaller house which is at a distance of about a furlong from his main family house. , His brother Sadhu Singh P. W, lives on the back of that smaller house of the deceased.

3. In August, 1965. Major Thakur Singh (deceased) had lodged a report with the police Under Sections 307.326 and 452, Indian Penal Code, against three brothers of the appellant, including Jogin-der Singh. The police had not filed any challan in that case but the deceased had filed a civil suit for recovery of Rupees 10,000.00 as damages fo