Judgment

HEGDE, J.: Vidhya Singh, the appellant was a Gram Sewak with his headquarters at Bamor Kalan. On December 28, 1965, he was on his way from Bamor Kalan to another village. At about 2 p.m. when he was passing through the village Akoda he found Laxmichand (P. W. 1) and Babu Lal (P. W. 6) sitting on the Dehlan of one Mulla and chatting. He asked Laxmichand to give him some water for drinking. Laxmichand asked P. W. 19 Kishanlal to bring some water for him. Kishanlal brought some water and kept it on the verandah. The appellant drank that water. Uptill this stage there is no dispute. The further case of the prosecution is that the appellant filthily abused Laxmichand for not getting the water himself; Laxmichand abused him back; then he picked up a stick which was lying there and beat Laxmichand on his arm as a result of which the arm of Laxmichand was fractured; on receiving the blow Laxmichand raised a hue and cry and at that stage several persons including the deceased Moti, P. W. 2 Mahavir Prasad, P. W. 3 Bharose and one Bhagwandas went to his help; at that stage it is said that the appellant stabbed Moti, Mahavir Prasad, Bharose and Bhagwandas and thereafter fled from the p