S. B. SINHA, J.

( 1 ) DELAY condoned.

( 2 ) LEAVE granted.

( 3 ) ON 17. 10. 2000, at about 3. 30 p. m. , the deceased manik Rao, a police constable, was walking down the street. P. W. 8 (B. Narasimha) was a vendor of guava. Manik Rao picked up four guavas from his vend but did not pay the price thereof. On being asked to do so, he allegedly said that the same would be paid latter. The appellant together with his son were doing some carpentry work on the same street. Apparently, a quarrel took place between P. W.-8 (B. Narasimha) and the said Manik rao. The appellant and his son intervened. The quarrel continued for 10-15 minutes. Allegedly, Appellant hacked the deceased Manik Rao with a badze (a heavy sharp axe like instrument used in the carpentry work) causing instantaneous death of the deceased. Appellant together with his son were charged for commission of murder of the said deceased Manik Rao.

( 4 ) T he prosecution, in support of its case, examined four eye witnesses. P. W. 1s (V. Narasimha Rao), presence on the scene however, has been doubted by the learned trial Judge. Learned Sessions Judge and the High Court have relied upon P. W.-2 to p. W.-4 (V. Damodar Rao, K. Narayana