1. 1. Heard Mr. Niranjan Gour, Amicus curiae, appointed by the Court for the appellant and Mr. V.R. Mehta, learned Public Prosecutor, perused the record.

2. The appellant has been convicted on a charge Under section 302 of the Indian Penal Code and sentenced to undergo life imprisonment. This is an appeal against the conviction and the sentence.

3. The appellant was prosecuted along with one Badji, who has been acquitted by the trial Court of the charge Under section 302 Read With Section 34 Indian Penal Code. FIR was lodged against the appellant and Badji at the Police Station, Dhariyawad on 20.8.1992 by Chunia PW 1 alleging that his father was done to death by Galla by means of sword and Badji was with him. The incident was said to be of 19.8.1992 at 7.00 p.m. and the report was lodged at 6.00 a.m. on 20.8.1992, at a Police Station, which was at a distance of 15 kilometers.

4. The prosecution case rests on the testimony of four witnesses who are said to have seen assault and the evidence as to recovery of the weapon of offence an axe. PW 1 Chunia, who lodged the FIR and who is the son of the deceased, PW 2 Smt. Soomi the wife of the deceased, PW 7 Smt. Ratan, the daughter-i