Khem Chand Sharma, J.-This appeal under Section 374 Cr.P.C. arises out of the judgment and order dated 9.1998 passed by the learned Sessions Judge, Alwar, convicting the appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and a fine of Rs. one thousand, in default of payment of fine, to further undergo simple imprisonment for six months.

2. Succinctly stated the facts of the case are that on 1.1995 at 8.15 AM, PW 10 Ramesh Chand Jat lodged a written report, Ex.P. 14 at Police Station, M.I.A., Alwar, alleging therein that on 30.12.1994 at about

7.30 PM appellant Sher Singh and one more person switched off the engine installed at the tube-well of Girraj. It was alleged that when Girraj left the field and was on way to his house, appellant Sher Singh and one more person made Girraj to stop in the field of Pooran and made an assault on him with Farshi and Sword. Girraj fled away and reached his house. Thereafter in the morning of 3l.12.1994, five persons of the village collected with a view to get the compromise done between the parties. At about 7.00 AIVI, Pooran, younger brother of informant Ramesh was asked to go and make enquiries from Khubar