J.B.GARG, J.

1. Pal Singh son of Pritam Singh has been convicted by the Sessions Judge, Amritsar on 24-12-1992 for offence under S. 302, of the IPC and sentenced to imprisonment for life and also required to pay a fine of Rs. 2,000.00 and in default of payment of fine to undergo further rigorous imprisonment for a period of six months. Aggrieved against it, the present appeal has been preferred through jail.

2. Briefly, the story of the prosecution is that on the intervening night of 30-6-1991/1-7-1991 Gurdip Singh armed with a Barchhi, Nand Singh armed with a sua and Pal Singh armed with a lathi came to the tubewell of the complainant where several persons including Banta Singh were asleep. Pal Singh gave a lathi blow on the jaw of Banta Singh and several other injuries were caused by the other two accused who have been declared proclaimed offenders from the very beginning. After recording the evidence of Pratap Singh, the complainant and Chanohal Singh, his another brother-two eye witnesses, and the statement of the Investigating Officer, the trial Court recorded the conviction without examining the medical officer who conducted the post-mortem examination.

3. The learned