M.R. Verma, J.

1. This appeal is directed against the judgment dated 4.9.2001 passed by learned Sessions Judge, Bilaspur, whereby the Appellant-accused (hereafter referred to as the accused) has been convicted under Sections 302 and 323 of the Indian Penal Code and has been sentenced to life imprisonment and fine of Rs. 5,000 and in default of payment of fine to undergo rigorous imprisonment for one year under Section 302 IPC and fine of Rs. 500 and in default of payment thereof to undergo rigorous imprisonment for six months under Section 323 IPC.

2. The case of the prosecution against the accused is that Mast Ram deceased and the accused related as brothers were residing separately in village Liungari, Barmana. On 11.7.2000 at about 5.00 p.m. Bimla Devi, wife of deceased, (PW-1) and her son Sonu (PW-2) had gone to the fields for cutting grass and the deceased was grazing Oxen near his house. At about 6.00 p.m. deceased called PW-1 from the fields intimating that accused was beating him and she should immediately come to the house. PW-1 and PW-2 came to their house and were informed by the deceased that goat of accused had entered his cow shed and when he objected to it the