R.L. Khurana, J: - The appellant, Jeevo alias Jeevan Kumar, hereinafter referred to as the accused, stands convicted by the learned Additional Sessions Judge (2), Kangra at Dharamsala, in Sessions Case No.3-P/VII/97 vide judgment dated 15.10.1997 for the offence under section 307, Indian Penal Code, and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.1000/-. In default of payment of fine he has been sentenced to rigorous imprisonment for a further period of six months.

2. Briefly stated, the prosecution story is this Piar Chand (PW 2) son of Sukh Ram (PW 3) is running a "Karyana" shop in village Kakrain. He is a supporter of one Kumari Manbhari. The said Kumari Manbhari was elected as Chairperson of Zila Parishad. PW 2 Piar Chand had accompanied her to Dharamsala during the election, which took place on 31.12.1995. The supporters of Kumari Manbhari were jubilant on her election.

3. At about 7.30 or 8 PM on 31.12.1995, when PW 3 Sukh Ram was present in his house, he was informed by PW 7 Smt. Guddo Devi that his son PW 2 Piar Chand having been stabbed was lying injured at his shop. PW 3 Sukh Ram rushed to the shop of his son and fou