JUDGMENT :-

Swatanter Kumar, J.

1. The present appeal is directed against the judgment dated 23rd August, 2004 vide which the appeal preferred by the accused, against the judgment of conviction and order of sentence for life was dismissed and the same was affirmed by the High Court of Himachal Pradesh at Shimla. The facts giving rise to the present appeal in brief can be usefully noticed. Ganga Ram and Budhi Singh were sons of Bala Ram. Ganga Ram along with two minor sons Ramnath, aged about 11 years and Mohan Lal was living in a room in a house owned by Bala Ram in Village Chowki, District Kullu. Budhi Singh was living with his parents in a separate room of the same building. Ganga Ram was married, but his wife Smt. Indra Devi had deserted him – had settled with one Dolu Ram as his wife.

2. On 9th November, 2000, Bala Ram, who was examined as DW1 was grazing sheep and goats in the field adjoining his house. Ramnath, who was examined as PW9, was washing clothes in the courtyard of the house. At about 4 p.m., Ganga Ram came to the house under the influence of liquor. As he entered the house, he started pelting stones on the roof of the house and abused his father, DW-1. A quarrel to