KOCHAR, J. :- The appellant has challenged his conviction under Sections 302 and 325 of the Indian Penal Code and sentence of imprisonment for life with fine of Rs. 500/-, in default of payment of fine to suffer additional S.I. for one month and to suffer R.I. for two years with fine of Rs. 500/-, and in default of payment of fine to suffer additional S.I. for one month respectively as passed by the learned First Additional Sessions Judge, Mandleshwar by his judgment dated 3-12-1997 in Sessions Trial No. 285/98.

2. Briefly stated, the facts of the prosecution case as unfolded before the trial Court are that on 21-7-96 at 5.00 p.m. in the evening the complainant P.W. 1 Kalu and his father Tulsiram (the deceased) had gone to their field for spraying of pesticides and ploughing the field. At that moment, the appellant and acquitted accused persons were grazing their cattle nearby the field of Tulsiram. The accused persons drove their cattle in standing cotton crop of the deceased. On asking by the deceased to take the cattle out, the accused persons started quarrelling. The appellant Motiram was having axe and other accused persons were having lahi, doliya and stone in their h