JUDGMENT

Banerjee, J.-The appellant by the grant of special leave of this Court is in appeal from the order of the Punjab and Haryana High Court affirming conviction for an offence under Section 302 IPC and sentence to undergo imprisonment for life and further to pay a fine of Rs.50,000/-. The appellant has further been convicted under Section 323 IPC and sentenced to imprisonment of six months and both the sentences, however, were directed to be concurrent.

2. Two principal issues stand canvassed for consideration in the appeal. Firstly, the order of conviction as confirmed by the High Court remains wholly unwarranted, since injuries inflicted on the deceased cannot but be termed to be in self-defence and secondly having credence on the entire prosecution story at the most the conviction should have been under Section 304 Part I and not under Section 302 IPC on the state of evidence available on record.

3. It is at this juncture, certain factual backdrop ought to be noticed. On 6th May, 1989, around 7.00 in the morning, PW.12 Kishori Lal son of Devi Sahai and his brother Udai Chand (since deceased) went to the fields of Chatur Bhuj, where a wheat thrasher had been installed for thra