KOSHAL, J.

1. For the murder of Varinder Singh, a resident of the locality known as Latoorpura in Patiala town, and for a murderous assault on his brother Khushvinder Singh (P.W. 5), Balbir Chand alias Billu, another resident of the same locality, has been found guilty by the learned Sessions Judge, Patiala of offences under Sections 302 and 307 of the Indian Penal Code and has been sentenced to death on the first count and to rigorous imprisonment for seven years on the second.

The judgement of the learned Sessions Judge is dated the 4th of October, 1973, against which Balbir Chand convict (hereinafter referred to as the appellant) has filed Criminal Appeal No. 1075 of 1973 which we are hereby disposing of along with Murder Reference No. 56 of 1973 made by the trial Court for confirmation of the sentence of death.

2. The prosecution case, may be stated thus. At about 6.00 P.M. on the 10th of March, 1973. Varinder Singh deceased, his brother Khushvinder Singh (P.W. 5) and their father Surinder Singh (P.W. 2) were present at their house when the former went to the shop of Arjan Dass (P.W. 3), which adjoins that house, for making enquiries about the rate at which the deceased