Judgment

RAJENDRA BABU, J.

( 1 ) THIS appeal, by special leave, is directed against the order made by the High Court affirming the order of Sessions Court in convicting the appellant under Section 302, Indian Penal Code read with Section 34, Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 2,000. 00.

( 2 ) THE prosecution case as unfolded before trial Court is as follows :on 12-7-1992 at about 5 p. m. Saun Singh (deceased) accompanied by his son Didar Singh and son-in-law Kartar Singh attempted to cut kikar trees and the same was objected to by Puran Singh asking him to wait till the actual demarcation of the trees and refrained him from cutting the trees till then. Saun Singh returned along with his son and son-in-law to his house. On the next morning that is on 13-7-1992 at about 6 a. m. Saun Singh accompanied by his son and son-in-law proceeded towards his field when Balwinder Singh, Bhola Singh (appellant) and Lakhbir Singh who were armed with a Gandasa and Jagsir Singh who was armed with a Ghop attacked him. Bhola exhorted that Saun Singh be not permitted to go and he be taught a lesson for attempting to cut kikar trees. Appellant Bho