N.K.Kapoor, J.

1. Appellants Shankar Dass and Dharam Vir have filed Criminal Appeal No. 421-DB of 1989 against the judgment dated 20th September, 1989, passed by the Additional Sessions Judge, Kapurthala, whereby both of them were convicted under section 302 read with Section 34 of the Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/- each, in default thereof to undergo further rigorous imprisonment for three months. Criminal Revision No. 118 of 1990 has been filed by Shrimati Bishan Kaur widow of Charan Singh (deceased) for enhancement of fine and disbursement of the fine amount as compensation to her. Criminal Appeal No. 421- DB/1989 and Criminal Revision No. 118/1990 are being disposed of by this judgment.

2. Facts of the prosecution case, in brief, are that on 24th April, 1988, at about 7 a.m. Charan Singh (deceased) and his brother Joginder Singh were present in the Haveli. They went towards their vacant plot and found that Dharam Vir accused was throwing bricks from his plot into the plot of Charan Singh. At that time Shankar Dass accused was armed with a Sota. Charan Singh (deceased) asked Dharam Vir not to throw bricks