Mr. Mehinder Singh Sullar, J. (Oral):- The epitome of the facts & evidence, unfolded during the course of trial, culminating in the commencement, relevant for deciding the instant appeal and emanating from the record, as claimed by the prosecution, is that appellant-convict Harinder Yadav son of Ram Partap Yadav(for brevity “the appellant) used to deal in selling sugarcane juice on his Hand-cart(Rehri), whereas complainant-Rajinder Kumar son of Raghu Parshad(for short “the complainant”) was dealing in selling Jalzeera on his Hand-cart(Rehri) in Sector 29, Chandigarh. On 26.04.2000 at about 10.00 PM, the complainant was going to sleep near the Hand-cart(Rehri) in his house in Sector 30, appellant Harinder Yadav came there. The complainant demanded Rs.10/- as sale price of ice from him. He(appellant) replied that he will return the money on the next day. Both of them exchanged hot words and then the appellant went away from the spot.

2. The case of the prosecution further proceeds that during the night at about 12.45 AM, as soon as the complainant was sleeping, in the meantime, the appellant came there armed with an axe(kulhari), awakened the complainant and told that he wil