JUDGMENT

AHMADI, J. - The appellant has been convicted under Section 302/34, IPC, for causing the murder of one Nagji, son of Parthesingh, of village Melakhedi. The prosecution case was that the family of the appellant and the family of the deceased were at loggerheads since quite some time and there was bad blood between them. In 1967, Bhowansingh, a member of the complainants family is stated to have been murdered by the appellants party. Thereupon, the deceased along with others is stated to have fatally assaulted Bhagwansingh and Bahadursingh and inflicted grievous injuries on Govardhansingh. These three are none other than the sons of the appellant. The deceased and his companions were, however, acquitted. It is said that the appellant, Daryao Singh was, therefore, keen to avenge the deaths of his sons. As a sequel to the earlier incident, it is said that the incident in question occurred on September 25, 1970 at about 4 p.m. The fact that the relations between the two families were strained is, therefore, not in dispute.

2. On September 25, 1970, the deceased, Nagji, was working in his field along with his son PW 4 - Bhanwar Singh. At that time the appellant went there in the