ORDER

The appellants was tried for an offence under Section 302 IPC for the murder of Krishna Kumar on 24.7.1983. According to the prosecution case, the deceased along with PW-2 Purshottam and PW-6 Badda, were working as agricultural labourers on the field of Purshottam Sharma, PW-1. On 24.7.1983 at about 1.00 p.m. while the deceased and other labourers were ploughing the field belonging to PW-1, the appellant came there for grazing his cattle. As the cattle entered the field of Purshottam Sharma, PW-1, where the crop of Soyabean was standing, the deceased and PW-2 told him to take his cattle away and not let his cattle damage the crop. The appellant, however, did not pay any heed to their request and insisted that he would graze the cattle in that field only. An altercation ensued between the deceased and the accused. Thereafter, the appellant dealt a pharsa blow on the head of Krishna Kumar. On receipt of the blow, Krishna Kumar fell down on the ground and died instantaneously. PW-2 and PW-6 rushed to inform Shri Sharma, PW-1, who arrived at the spot. The First Information Report was lodged by PW-1 Purshottam Sharma at police station Narsinghpur at about 3.00 p.m. on the same day.