'the accused'), who had been doing the work of digging bores in agricultural fields and previously known to the family of Balwinder Kaur, came to their house stating that he had been beaten and turned out by members of his family. He was hungry and needed food and shelter. After being served with meals, the accused went to sleep in the verandah of the house of Balwinder Kaur. Sohan Singh also slept in the same verandah whereas the appellant and his wife Balwinder Kaur went to sleep on the first floor of their house. On the next morning at about 5.00 a.m., Balwinder Kaur woke up for milching cattle and was going past the verandah when she saw the accused giving blows with the handle of Kahi on the head of her uncle Sohan Singh. When she asked him as to what he was doing, the accused replied that the deceased had abused him. The accused fled from the spot leaving Kahi and its handle at the spot. Sohan Singh had injuries on his head, face, hand, abdomen and legs and had died on account of the same. The matter was reported to the police by the appellant, who was attracted to the place of occurrence on the alarm raised by his wife.
