P.C. Jain, J.-This appeal arises out of the Judgment of learned Addl. Sessions Judge No. 1, Srigaganagar dated 18-4-1990, by which the accused has been convicted under Section 302, IPC and sentenced to undergo life imprisonment and also to pay a fine of Rs. 500/-, in default of payment whereof to further undergo rigorous imprisonment for one year.

2. Theprosecution case, briefly stated, is that on 25-1-1988 Niranjan Singh (PW 1) was sitting in his house along with Balwant Singh, who was ‘sadu’ of his son Amreek Singh. His brother-in-law Gurdyal Singh and son Inderjeet Singh were also inside the house, Balwant Singh had come there at about 4.00 P. M. At about

7.00 P. M. Balwant Singh went outside the house to ease himself There was a toilet outside the house of Niranjan Singh, situated at the left corner of the house. About five minutes after the Balwant Singh went out they heard abusive language. Then Niranjan Singh, Inderjeet Singh and Gurdyal Singh came out of the house. They saw the accused attacking Balwant Singh with a sword. The accused inflicted first blow at the back of head of Balwant Singh, as a result of which he fell down. The accused further inflicted three-fo