JUDGMENT

M.K. Mukherjee, J.-The judgment and order dated December 6, 1984 rendered by the Judge, Special Court, Ferozepur in trial No.42 of 1984 is under challenge in this appeal. By the impugned judgment the learned Judge convicted and sentenced the appellant under Sections 302 and 325 of the Indian Penal Code.

2. (a) Shorn of details the prosecution case is that Darbara Singh (the deceased) was the driver of a truck and Uttam Singh (P.W.5) was its conductor. On March 31, 1984 at or about 7 P.M. when they were consuming liquor near the poultry farm of the appellant, he also came there and shared the drinks. Mit Singh (P.W.4) and Kartar Singh, father and brother of Darbara Singh respectively, were then irrigating their land nearby. After finishing his drinks the appellant went back to his poultry farm. He however came back a little later and told Darbara Singh that he would teach him a lesson as he had forcibly taken away one of their cows. He then picked up a kassi and started assaulting Darbara Singh with it. On being so assaulted Darbara Singh fell down dead. In the mean time Uttam Singh had taken up a small toki which was lying nearby and attacked the appellant. The appellant the