JUDGMENT

K. K. Gupta, J.-This appeal is directed against the order of 1st Additional Sessions Judge, Jammu, dated 16-8-1982 convicting the accused-appellant under Sections 302, 323 and 447 R.P.C. and sentencing him to undergo imprisonment for life and a fine of Rs. 500/-, rigorous imprisonment for one year and rigorous imprisonment for one month respectively.

2. The prosecution case against the accused was that on 12-5-1977, in the morning. Chhajju Ram deceased was watering his fields situate in village Sehora when the accused who had a land adjacent to the land of the deceased Chhajju Ram, came there with 'kehi' in his hand. The accused started abusing Chhajju Ram because of previous enemity about some dispute between them in regard to the boundry of the land and persisted in doing so despite warning given by the deceased not to repeat the same. On this, the accused inflicted blows with 'kehi' on the neck and face of deceased Chhajju Ram due to which he fell unconscious. Harbans Lal son of Chhajju Ram, who was also working in the field, came to the rescue of his father but he was also hit on his head by the accused with 'kehi'. Harbans Lal, however, was saved because of the towel