D.B.LAL, J.

1. Jagjit Singh appellant has been held guilty under S.302 of the Indian Penal of the prosecution was that on May 31 1974 at about 8.30 p. m., Lachhman Singh went to the house of his son Harpal Singh deceased in Model Town, Phagwara. Harpal Code by the Sessions Judge, Kapurthala and sentenced to undergo life imprisonment.

2. The case Singh was not found present and thereafter Lachhman Singh went to the house of one Ajit Singh. While he was talking with Ajit Singh, Tarsem Singh and Mota Singh also arrived. Some time later Harpal Singh also came and thereafter he left, saying that he would return subsequently. After about 15/20 minutes, some alarm was raised from the direction of the house of Jagjit Singh accused. When Lachhman Singh, Mota Singh and Tarsem Singh went to that side, they found that Jagjit Singh accused, along with Balwant Singh, his two companions Tarjeeb Singh and Bhupinder Singh and Kulbir Singh who is a nephew of Jagjit Singh, were catching hold of Harpal Singh and were giving him a beating. It was stated that during the course of that beating, Jagjit Singh accused was holding a knife and he gave a knife blow which caused instantaneous death of H