Judgment

SIKRI, J.: This appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad dismissing the appeal of Hazara Singh and confirming the sentence of death passed by the Additional Sessions Judge.

2. No question of law is involved in this appeal but the learned Counsel for the appellant has tried to throw suspicion on the story of the prosecution accepted by the learned Additional Sessions Judge and the High Court. The prosecution story accepted by the High Court is that on the evening of October 7, 1965, a quarrel took place between Karnail Singh, deceased, and Hazara Singh, appellant, over the buffalo of Karnail Singh entering the field of Hazara Singh. Although the parties were separated Hazara Sing threatened Karnail Singh that he would deal with him later on. During the night Hazara Singh entered the house of Karnail Singh at about 3 A. M, and attacked him with an axe. Karnail Singh s wife, Dalip Kaur, P. W. 13, his daughter Sukhwant Kaur, P. W. 14, and two neighbours Raghubir Singh P. W. 12 and Harmohendra Pal Singh, P. W. 15, ran to the scene of occurrence and saw Hazara Singh assaulting Karnail Singh. Hazara Singh was pursued for