1. - Accused appellant aggrieved of his conviction and sentence - vide judgment dated 29.02.2008 in Sessions Cased No.34/2007 before the Court of Additional Sessions Judge, Srikaranpur District Sriganganagar, whereby he is convicted under Section 302, IPC and sentenced to life imprisonment with fine of Rs.5,000/-, in default one year's rigorous imprisonment - has preferred this appeal and requests setting aside his conviction and sentence.

2. Relevant facts as per prosecution, appears to be that on May 1st, 2006, at about 7.45 a.m., information received on wireless from control room at Police Station, Lalgarh Jatan that in Government hospital is admitted Nanak Singh - On receiving information, ASI Rati Ram made entry Ex. P/13 in Roznamcha and reached Sri Ganganagar hospital - where intimating Doctor, he recorded statement of Ramkishan PW/14. As per statement of Ramkishan PW/14, on that day was their turn for irrigating their land from 3.00 A.M., so he along with his sons Gurvinder Singh and Nanak Singh was on his land 4 B.G.S. From 5.35 a.m. was turn of Mukhtiyar Singh and Balvinder Singh who sought to take water earlier, which was negatived by the complainant so hot exchanges occurred between them and Mukhtiyar Singh and Mukhtiyar Singh inflicted blow of "Kassi" on Ramkishan while Balvinder Singh inflicted blow of lathi on temporal region (scalp) of Nanak Singh who fell down and became unconscious. Statement i.e. FIR also is that soon Jasvinder Singh caught Ram Kishan and again inflicted injuries of axe on his legas and Gandasi on head. . On shouts and cries, his son Gurvinder Singh reached and intervened so these persons ran away.

3. On this statement, FIR No.1106/06 Ex.P50 registered for offences under Sections 341, 323 and 307 IPC.

4. Nanak Singh died of injuries same day, so also registered under Section 302, IPC.

5. During investigation I.O ASI Rati Ram (1) inspected the place of occurrence where some blood drops found - sample of which and also pf plain soil taken - memos Ex.P25, 25A, 23 and packets marked C & D; (2) body physically examined - memo Ex.P26; (3) got post-mortem conducted- report Ex.P30 (4) shirt on body of Nanak Singh having blood stains seized - memo Ex.P24 packet marked B - body handed over to brother Gurvinder Singh for final rites -memo being Ex.P34; (5) Weared sirt and 'pagri' having blood like spots presented by Ramkishan seized and sealed- memo Ex.P10 packet A; (6) appellant accused Balvinder Singh arrested on May 3rd evening - memo Ex.P30 and other three Mukhtiyar Singh, Jasvinder Singh and Mander Singh also arrested memos Ex.P/31, 32 & 33 (7) as per information Ex.P34 furnished by Balvinder Singh at 11.30 a.m. on 04.05.2006 and at his instance lathi having some blood like spots recovered from his house - memos Ex.P18- 7 & 7A and packet F; (8) as per information Ex.P33 furnished by Shri Mukhtiyar Singh, recovered a "Kassi" from his house lying below bed - memos Ex.P-6, P-7 and pakcet F; (9) Packets and recovered articles kept in Malkhana and delivered to FSLentires in Malkhana Register Ex.P18 & 19 and other relevant entries of malkhana Exs. P13, 16 & 22 forwarding letter to FSL Ex.P35, receipt Ex.P20 and report Ex.P37.

6. In course of investigation, record of irrigation schedule - Ex.P11 and P12 and obtained hospital admission ticket of Nanak Singh is Ex.P31 and statement of witnesses recorded. Dr. B. M. Sharma PW 15 is the Medical Officer who examined injuries and conducted port-mortem and has proved injury report Ex.P27 to 29 and post-mortem report Ex.P30. After usual investigation and procedure, charge-sheet submitted on June 6th against appellant and Jasvinder Singh, Mander Singh and Mukhtiyar Singh who denied the charge for offences under Sections 302, 324/34, 324/34 and 201/34, IPC and claimed trial. Appellant accused convicted and other three acquitted.

7. Of the prosecution witnesses Gurvinder Singh PW 12 is injured eye-witness who also is brother of deceased. Mela Singh PW 1 and Mithu