, J.

1. Khushia @ Happy, the accused-appellant (hereinafter referred to as the accused) was tried, convicted and sentenced under Sec.302 of the Indian Penal Code, by Additional Sessions Judge, Muktsar vide his judgment dated 19.1.2000, for the murder of Surinder Kumar, son of Shri Jattu Ram a shopkeeper resident of Muktsar.

2. On the intervening night of 18/19.2.1998, Surinder Kumar after taking the meal had gone to retire on the first floor of his house. In those days, his wife was away to her parental house for the last 16/17 days. His father Jattu Ram, who had been living on the first floor of the adjoining shop, when after leaving his grand daughter aged about three years to the school, came to the house then he noticed that Surinder Kumar had not yet reached the shop. When he went in the street, he saw that main gate of his house was lying open and inner door of the shop was slightly open. After entering into the room, he noticed that Surinder Kumar was still lying under the quilt. Instead of repeated calls, when Surinder Kumar did not respond, then after removing the quilt from the side of his feet,he saw that Surinder Kumar was lying dead smeared with blood. On heari