MOHINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This appeal by Mohinder Singh, appellant, hereinafter referred to as "A-1", arises out of the judgment of learned Additional Sessions Judge, Shimla dated April 11, 2001 in Sessions Trial No. 22-S/7 of 2000 whereby A-1 has been convicted for killing his brother Balbir Singh under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and pay a fine of Rs. 5000/-. In case of default in the payment of fine. A-1 is to suffer simple imprisonment for six months.

(2.) Dissatisfied with his conviction, A-1 has filed the present appeal. Prosecution Case :

(3.) Mohinder Singh (A-1), deceased Balbir Singh, Rajinder Singh (PW-1) and Prem Raj, (PW-7) were real brothers. Prem Raj, at the relevant time, was employed in a Hotel at Rampur. A-1, PW1 Rajinder Singh and deceased Balbir Singh were living in village Rohal in Tehsil Chirgaon of District Shimla. There was a dispute between the brothers in respect of the land left by their father between Mohinder Singh on one hand and the other three brothers on the other. A-1 was living separately from his brothers after the death of his father.