JUDGMENT

AHMADI, J . :— The appellant, Buta Singh, has been convicted by both the Courts below for causing the death of one Balbir Singh. The facts leading to this appeal, briefly stated, are as under:

2. The incident in question occurred on 22nd June, 1975 at about 1 30 p. m. in the field at a short distance from the field of the appellant. On that date the deceased, his father PW 7 - Surjan Singh, and his brother PW 8 - Buta Singh had gone to the-field with a tractor driven by DW 1 - Dileep Singh for tilling the land. The dera of the appellant Buta Singh was near a tubewell belonging to one Dileep Singh from which the appellant was also drawing water as and when required. It is the prosecution case that when the deceased and his companions went to the land in question that afternoon the appellant, his wife Gurbachan Kaur and his minor son Gurdev Singh came to the site. They raised a lalkaranot to spare Balbir Singh as he was trying to establish his possession over the land. So saying the appellant Buta Singh launched an attack by inflicting two blows with his spear on the chest of Balbir Singh whereupon the victim fell down. Even thereafter, the appellant and his companions infli