Mr. Mehinder Singh Sullar, J. (Oral):- Tersely, the facts and evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, are that Bachan Singh (deceased) had four sons and four daughters from his 1st marriage. He performed 2nd marriage with complainant Smt.Shanti (PW1) (for brevity “the complainant”), who had a son named Sema aged 12 years. Bachan Singh had about 7 acres of land, out of which, he had given one half to four sons from his first marriage, namely appellant-convict Mangal Singh alias Manga (for short “the appellant”), Ram Singh alias Rama, Kashmir Singh alias Bau (acquitted accused) and Jagir Singh. However, the tubewell to irrigate the land remained joint. It was alleged that although on the previous night of the occurrence, it was the turn of sons of Bachan Singh from 1st marriage to irrigate their fields, but Bachan Singh (deceased) out of anger had switched off the electricity connection of motor of tubewell and did not allow them to irrigate their fields. There was an altercation between them in this respect. They exchanged abuses as well. Bachan Singh approached his uncle Katha Singh (PW2) and Mela Singh (PW3) to intervene and to settle the matter between him and his sons.

2. The case of the prosecution further proceeds that on 28.7.1999 at about 11 A.M., the complainant, Bachan Singh, Katha Singh, Mela Singh and accused were sitting in the courtyard of the house of the complainant. They were mutually discussing in respect of partition of the land. All of a sudden, accused Ram Singh and Kashmir Singh alias Bau have started giving abuses to Bachan Singh. Then, Ram Singh raised lalkara to catch hold and to teach him (Bachan Singh) a lesson for not allowing them to irrigate their fields. Ram Singh and Kashmir Singh were stated to have caught hold of his arms and appellant Mangal Singh alias Manga had suddenly picked up a Wooden Club Pestle (Loon Ghotna) and gave two blows, which landed on his (Bachan Singh) head and on the back side of his left hand. The complainant raised noise and PW2 Katha Singh and PW3 Mela Singh tried to separate them. But as luck would have been, he (Bachan Singh) suddenly died at the spot. In the background of these allegations and in the wake of statement (Ex.PA) of complainant, the present criminal case was registered against the appellant and Ram Singh alias Rama and Kashmir Singh alias Bau (acquitted accused), by virtue of FIR No.176 dated 28.7.1999 (Annexure PA/2), on accusation of having committed an offence punishable under section 302 read with section 34 IPC by the police of Police Station Ajnala, District Amritsar in the manner depicted here-in-above.

3. After completion of the investigation, the final police report (challan) was submitted by the police against them to face the trial for the pointed offence.

4. Having completed all the codal formalities, the appellant and acquitted accused were charge-sheeted for the commission of indicated offence. As they did not plead guilty and claimed trial, therefore, the case was slated for evidence of the prosecution by the trial Court.

5. Sequelly, the prosecution, in order to prove the crime against the appellant and acquitted accused, examined PW1 Shanti, widow of Bachan Singh, who did not support the prosecution case and maintained that there was no dispute regarding land. Accused had not murdered Bachan Singh. He was murdered by some one else and his dead body was thrown on the road side. However, PW2 Katha Singh son of Wadhwa Singh has deposed in the following terms:-

“Bachan Singh deceased was my nephew. He was married twice. Four sons were born from the first wife whose names are Ram Singh, Mangal Singh, Kashmir Singh accused and the fourth is Jagir Singh. Bachan Singh then married with Shanti, Shanti has pichhlag son. Bachan was owner of 6/7 acres of land. Two acres of land was given to the accused