K. S. Tiwana, J.

1. Swaranjit Singh alias Mithu, resident of village Rajgarh Kube, was prosecuted for the murder of Harcharan Singh, his real uncle, and convicted under sec. 302 of the Indian Penal Code and sentenced to undergo imprisonment for life and pay a fine of Rs.2,000.00 . In default of payment of fine, he has been further sentenced to undergo rigorous imprisonment for one year.

2. The story of the prosecution as stated by the eye-witnesses is that on 16th of July, 1982, Harcharan Singh deceased along with his son Mahesh-Mohinder Singh P. W.3 was hoeing his cotton crop since 6 a. m. At about 11/11-30 a. m. Jasbir Kaur wife of Harcharan Singh deceased and his daughter Devinder Kaur P. W.4 went to the field to bring fodder for the cattle. They also took the meals for the deceased and Mahesh-Mohinder Singh P. W. They had taken their meals at 12.30 p. m. Swaranjit Singh appellant went there and remonstrated with. Harcharan Singh deceased saying as to why the latter had placed clods of earth on the ridge of common water-course between their fields. The deceased tried to explain that as the water was overflowing the banks of the water-course, it caused the necessity for t