Hon’ble Prafulla C. Pant, J. (Oral):

This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 05.03.2002, passed by learned Session Judge, Almora, in Sessions Trial No. 7 of 1998, whereby accused/appellant Puran Singh, has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentenced to imprisonment for life. He is further directed to pay fine of Rs. 5,000/- in default of payment of which he is further required to undergo rigorous imprisonment for a period of one year.

2. Heard learned counsel for the parties and perused the lower court record.

3. Prosecution story in brief is that on 22-01-1998, at about 8:00 a.m., Bacchi Singh (deceased) was doing some construction work in his house in Village Daili, and raising wall adjoining to the house of accused/appellant Puran Singh to which accused/appellant protested. This led the two in heated exchange of words. Thereafter Puran Singh gave 3-4 blows with a hammer on the head of Bacchi Singh, who fell down and died of the injuries. The First Information Report (Ext.A-1) was lodged by