S.D.Bajaj, J.

1. Balkar Singh son of Hari Singh accused-appellant was murdered on February 5, 1985. Deceased Saidara Singh was convicted by the Sessions Court for the murder of Balkar Singh and was undergoing life imprisonment for it. In appeal the High Court admitted Sardara Singh to bail. While living in house No. 1608, Simlapuri, Ludhiana, after his release on bail as ordered by this Court, security proceedings had been taken by the police against Sardara Singh as also the rival party of accused-appellants and both the parties had been down to keep the peace and be of good behaviour.

2. On October 16, 1986 around 7.00 P.M. when Sardara Singh and his wife Kailash Kaur were returning to their Simlapuri residence from the house of Smt. Gurnam Kaur on Radhaswami Road at Ludhiana and had reached Gali No. 9 on Simlapuri Road, scooter driven by Hari Singh on the pillion seat of which his son Gurbachan Singh was seated, struck their moped from behind. Sardara Singh stopped his mooed and both the husband and wife got down therefrom. Hari Singh and his son Gurbachan Singh also alighted from their scooter after bringing it to a halt.

3. From the opposite side came a Rajdoot motorcy