[Criminal Appeal No. 1148 of 2007]. The present appeal under Section 379 of the Code of Criminal Procedure, 1973 (for short "CrPC") is directed against the judgment of conviction and order of sentence dated 9.5.2007 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 702- DBA of 1997 whereby the High Court has partly reversed the judgment of acquittal dated 9.6.1997 recorded by the learned Additional Sessions Judge, Kaithal in Sessions Trial No. 15 of 1993 instituted for offences punishable under Sections 302 and 307 read with Section 34 of the Indian Penal Code (IPC) and under Sections 25 and 27 of the Arms Act against the appellant and two others and convicted the appellant alone under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life. Filtering the unnecessary details the broad essential facts, as put forth by the prosecution, are that there was a dispute about the vacant plot of shamlat land where the complainant and his family members used to store their respective kurris (heap of rubbish). The said land was given to Guru Ravidass Mandir by the Gram Panchayat vide resolution dated 22.03.1989. Accused Joginder Singh and Mohinder Singh, both real brothers kept on asserting their ownership over the said land and were not prepared to surrender it.
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