1. - In this appeal, Dashrath Singh has challenged the judgment of the Sessions Judge, Kola, whereby he has been convicted under Section 302, IPC, and sentenced to imprisonment for life with a tine of Rs. 100/-.

2. A written report (Ex. P.6) was lodged at 2 O'Clock in the mid night of 10th & 11th October,1986. It has been alleged therein that in the evening of 10th October, 1956 at about 8 p.m., he, his father Bhanwar Singh, brother-Umed Singh, mother-Bhanwar Bai, brother-Umed Singh's wife, sister Sangar Bai, his own wife and all family members were present in the house; that, his parents & sister were sitting outside the house at the chabutra, and rest of the members were inside the house, that, hearing devotional acclamation like, 'Jai Bajrrng Bali', both of the brothers & his sister-in-law (brother's wife) rushed to outside their house, his brother Umed Singh unbolted the door and then found Dashrath Singh, Shanker Singh, Chhitar Singh & Sanwal Singh in front of them standing outside at the door of their house (informant's) -out of them, Dashrath Singh had one bore gun, Spanker Singh had a sword, Chhitar Singh had a lathi while his father Sanwal Singh had a chopper in th