JUDGMENT

FATHIMA BEEVI, J.:— Sukhdev Singh, the appellant, and his uncle Teja Singh were tried on the charge under S. 302/34, I.P.C., for the murder of one Sucha Singh. The trial court acquitted Teja Singh and convicted Sukhdev Singh for the offence under S. 302 I.P.C., and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/-. The State did not file any appeal against the order of acquittal. Sukhdev Singh, appealed against his conviction. The High Court altered the conviction of Sukhdev Singh to one under S. 302 read with S .34, I.P.C., and maintained the sentence. This appeal by special leave is directed against the judgment of the High Court.

2. The occurrence that resulted in the death of Sucha Singh happened on January 1, 1975 at 3.30 p. m. The prosecution alleged that Sukhdev Singh and Teja Singh in furtherance of their common intention attacked Sucha Singh with kirpans while he was returning home from his field along the street in the village accompanied by his son Gurdev Singh and married daughter Gurdev Kaur. The eyewitness account of the incident was that. Sukhdev Singh first attacked Sucha Singh with the kirpan, the blow was warded off receiving a