ORDER

The sole appellant was tried along with six other accused and the appellant and one another were found guilty by the Sessions Court for the offence of murder punishable under Sections 302/34 IPC. Both the convicted persons filed appeal and the High Court acquitted one of them and present appellant was found guilty under Section 304 and was sentenced to undergo seven years imprisonment.

2. The incident happened on 17.11.1974. Deceased Baijnath Singh son of PW-1 Lal Deo Singh was engaged in cutting leaves of banana. The case of the prosecution is that the appellant along with other co-accused came to the place of incident and the present appellant was armed with spear. The accused persons asked Baijnath why he was putting banana leaves near the house of the accused. The deceased gave some reply. The further case of the prosecution is that the present appellant thrust the spear in the abdomen of the deceased Baijnath Singh. Meanwhile, PW-1, PW-2 and others came to the scene of occurrence. PW-2 also was attacked by one of the accused. The injured Baijnath was taken to the hospital where he succumbed to the injuries. PW-1 later gave information to the police and the case was registe