Mr. Inderjit Singh, J.:- Balwinder Singh-appellant has filed this appeal against the judgment of conviction and order of sentence dated 17.7.2000 passed by Additional Sessions Judge, Rupnagar, whereby accused-appellant has been held guilty and convicted for the offence under Section 307 of the Indian Penal Code (hereinafter referred to as ‘IPC’). He has been sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs.5,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year for the offence under Section 307 IPC. However, accused Amar Singh son of Sunder Singh and Gurnam Singh have been acquitted of the charge framed against them.

2. The brief facts of the prosecution case are that on 29.6.1995 at about 5.00 p.m., Madho Singh took his buffaloes to the pond, which is near the house of Balwinder Singh-accused. The complainant was sitting near the pond. Balwinder Singh armed with a ‘Kirpan’ along with Amar Singh son of Sunder Singh and Gurnam Singh came there. Gurnam Singh and Balwinder Singh were under the influence of liquor. Amar Singh caught hold of Madho Singh from his arms and Balwinder Singh gave a sword blow o