JUDGMENT

R.C. Lahoti, J.-The accused has been held guilty of an offence punishable under Section 302 IPC and sentenced to undergo imprisonment for life by the Court of Sessions Judge, Bilaspur. An appeal preferred by him was dismissed by the High Court. This appeal has been filed by special leave.

2. Nathu Lal (PW 1) and Ram Ratan are two real brothers. Baldau Ram (PW 2), Kamta (PW 4) and Radhey Shyam - the deceased (who died in the incident) are all sons of Nathu Lal, the elder of the two brothers. Ram Ratan, the younger brother, had six sons of whom one had died earlier. Shyam Sunder, the accused-appellant, is the third one out of the five surviving sons of Ram Ratan. At one point of time Nathu Lal and Ram Ratan were living together, also having joint cultivation. Long before the incident, Nathu Lal and Ram Ratan had separated by effecting a partition of their residential house as also of the agricultural land. They are living separately in adjoining houses and their agricultural lands are also situated adjoining to each other. However, the partition had resulted into the feelings between the two brothers and their respective family members being strained so much so that at about 4