JUDGMENT

C.P. Sen, J - The appellant has been convicted under section 302 I.P.C. and sentenced of imprisonment for life for committing murder of Madanlal.

2. The prosecution case is that a day prior to the incident there was quarrel between the appellant Mansingh and the deceased Madan in the Ramleela ground over place of sleeping. On 18.4.1980 there was Ramleela and after the show was over persons slept on the stage. At about 5 a.m. after hearing some notice Ramdaras (P.W. 9) got up and found the appellant assaulting the deceased with an axe on the neck. He raised an alarm and other persons, Jawaharlal (P. W. 1), Ramkailash (P.W. 6), Prahalad (P.W. 7) etc. got up and saw the appellant running away from the spot with an axe in his hand. Ramdaras (P.W. 9) then went and lodged the report (Ex P. 13) in the police station Baidan, half a kilometer away at 6.05 a.m naming the appellant to be the assailant. The police took up investigation and sent the dead body for post mortem examination. Dr. R.N. Mishra (P.W. 8) found one lacerated wound over the right ear, one incised wound on the left temporal bone and there was depression mark on the neck. According to the doctor the cause of death