Judgment:

Leave granted. This appeal arises out of the judgment of the Punjab and Haryana High Court dated 29.4.2008 whereby the appeal filed by the present appellant against the judgment of conviction recorded by the trial court for an offence punishable under Section 302 IPC, has been dismissed. The facts giving rise to this appeal are as under:-

The incident happened on 28th September, 1996. The deceased Rajinder Pal was a student of the I.T.I., Ambala. His mother Shakuntla PW.8 and uncle Sunder PW.9 had gone to the fields to harvest the maize crop in the morning. At about 4.00 P.M. the deceased took tea for his mother and uncle. At about 5.00 P.M. all three were returning to the village with the deceased going ahead by 10-15 paces. As the deceased was walking through the vacant field of the accused, the appellant abused him for having entered his field. The deceased also abused the appellant in return. On this, the appellant who was holding a kassi (spade) while mending the ridges of the field inflicted one blow on the head of the deceased. Thereafter, the appellant ran away along with his weapon. Shakuntla and Sunder removed the injured to a clinic at the bus stand, but they w