Harjit Singh Bedi, J. - This appeal, filed by the State of Punjab, arises out of the following facts :

2. Daljit Kaur (PW5) had been meried with Avtar Singh son of Milkha Singh accused about 15 years prior to the date of incident. Her husband had, however, died about eight years earlier without leaving any child to her. Milkha Singh had, however, misbehaved with Daljit Kaur and had turned her out of the house and refused to give her any part of her husbands property, and on application for maintenance had also been filed in the civil Court at Patti. The application was heard on January 20, 1997 and after attending Court, Daljit Kaur and her mother Gurpal Kaur (PW7) went to spend the night at the house of Manjit Kaur, sister-in-law (wifes sister) of accused Milkha Singh in village Boparai. At about 11 p.m. the same night, Daljit Kaur and Gurpal Kaur were sleeping on one cot whereas Manjit Kaur was sleeping on the other cot. The other family members were sleeping in an adjoining room. The quilt covering Gurpal Kaur and Daljit Kaur was roughly pulled away and Daljit Kaur woke up in the electric light saw the accused standing closely holding a Gandasi in his right hand. He gave 4-