JUDGMENT

C.B. Agarwala, J. - Gurdayal appeals against his conviction under Sections 302 and 324, I.P.C. and sentence of transportation for life u/s 302 and of two years' rigorous imprisonment u/s 324, I.P.C.

2. The prosecution case, briefly, was that at about 2 p.m. on the 7th of February, 1951, four boys, namely, Pahunchi Lal deceased, Soney Lal, Tej Ram P.W. and Puttu Lal P.W. were grazing cattle in a banjar land outside village Patkaha in the district of Etawab. Soney Lal P.W. rested himself on the ground after asking Pahunchi Lal to look after his cattle. Tej Ram P.W. and Pahunchi Lal deceased were sitting together near a nula when Gurdayal Appellant arrived with a hatchet Ex. 3 in one hand and a khurpa in the other. Pahunchi Lal deceased asked the Appellant as to where the latter lived. The Appellant did not reply. Pahunchi Lal put the question once again and yet there was no reply. Then Pahunchi Lal said to the Appellant "Hai to poora Chamar" (After all he is a perfect Chamar). On hearing this the Appellant got enraged and struck Pahunchi Lal in the neck with the hatchet which he had in his hand. Panhunchi Lal raised an alaram. Tej Ram also shouted. The hatchet blows, however,