JUDGMENT

Shivaraj V. Patil, J.-The appellant was convicted for offence under Section 302 IPC and sentenced to imprisonment for life by the Sessions Court. The High Court dismissed the appeal confirming the conviction and sentence passed by the Sessions Court. Hence, this appeal by special leave.

2. The prosecution case as unfolded during trial is that the appellant had called deceased Hardas and his son Puran Singh to his village Haider for properly setting roof tiles. Hardas stayed in the house of the appellant. His son Puran Singh, PW-1, had gone to the house of Gyarasa, barber (PW-3) of village Haider. At about 11 o clock on 24.6.1992 in the night, PW-1 came to the house of the appellant to sleep. He saw that the appellant was assaulting the deceased Hardas by axe. When asked as to why he was cutting his father, the appellant told him that the deceased Hardas had eloped with his wife and he was annoyed for the same. When PW-1 tried to save Hardas, the appellant rushed towards him; so he ran away to his village Miyan Khedi to save himself. He awakened his brothers Bhagwat and Seeta Ram and informed about the occurrence. PW-1 and his brothers went towards village Haider. On the wa