S.S.Sodhi, J.

1. The challenge in appeal here is to the conviction of the appellant Sewa Singh for the murder of his brother Behal Singh.

2. The incident occurred at about 9.30 P.M. on the night of April 6, 1994 in village Pandori Sidhwan in front of the house of Dalip Singh, another brother of the appellant Sewa Singh, and Behal Singh deceased.

3. According to the prosecution, Sewa Singh sent his daughter Dalbinder Kaur to call Bahal Singh deceased from his house by telling him that he was wanted by her father Behal Singh there-upon complained her to her house. A few minutes later, however was seen coming running towards his house shouting bachao bachao, while being chased by Sewa Singh, who was armed with a khunda. One Harbans Singh is also said to have been with Sewa Singh and this Harbans Singh had with Aim a Kirpan. When Behal Singh reached near to the door of the house of his brother Dalip Singh, Sewa Singh gave him a blow on his head with his khunda as a result of which he fell down. Sewa Singh followed this up by, giving him another 3 or 4 blows with his Khunda as a result at which Behal Singh died at the spot. Sewa Singh thereafter went away. This incident it is sa