judgment

B. Sudershan Reddy, J. —

1.The appellant has preferred this appeal under Section 379 of the Code of Criminal Procedure read with provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 impugning the judgment and order of the High Court of Punjab and Haryana in Criminal Appeal No. 25-DBA of 1995 whereby the High Court reversed the judgment of acquittal against the appellant, who was tried along with three other co-accused, recorded by the Additional Sessions Judge, Sangrur in Sessions Case No. 44 of 1989. The High Court accordingly convicted the appellant for the offence punishable under Section 302 read with 34 of the Indian Penal Code (IPC) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment, to undergo rigorous imprisonment for six months.

2.The prosecution case, in brief, is that the accused Mukhtiar Singh (A-1) and Gurdial Singh (A-2) and deceased Harnek Singh were real brothers. The family consists of eight brothers altogether. Deceased Harnek Singh along with his wife Tej Kaur and son Gurmail Singh (PW-4) were living jointly with one of his brother Amar Singh (PW-3). Gurdev Singh and