JUDGMENT

Shivaraj V. Patil, J.-The prosecution case, in short, was that on 25.3.1995 at about 10.00 A.M., Om Parkash, the deceased, along with his father Zile Singh (PW 7) had gone to the bus stand of village Khatkar to buy some planks of wood from the shop of Satbir. Satbir and his brother Ram Chander (PW 8) were present at the shop. Ram Chander and Zile Singh were engaged in selecting planks in the shop; the accused Shamsher Singh carrying an axe came in from the street and gave three blows with axe on the head of Om Parkash killing him instantaneously; Satbir and Ram Chander tried to save Om Parkash; the accused ran away the fields; Zile Singh leaving the dead body at the spot, left for the police station; at the bus stand, he came across a police party headed by Sub-Inspector, Dharambir Singh (PW 13); PW 8 made his statement to PW 13 at 11.15 A.M. on the basis of which FIR was registered in the police station Uchana at about 12.15 P.M.; the special report was delivered to the jurisdictional magistrate at 5.00 P.M. the same evening; the police officer visited the place of occurrence, made the necessary inquiries and sent the dead body for post-mortem examination; the appellant wa