JUDGMENT

DESAI, J.:— Appellant Randhir Singh alias Dhire has been convicted for having committed an offence under S. 302. Indian Penal Code in that on July 4, 1979. he gave a blow with a Kassi on the head of Mohan Singh who under the impact of the blow fell down on the ground. He was removed to the hospital where he died on July 10, 1979. Autopsy on the dead body of Mohan Singh was conducted by P. W. 1 Dr. S. C. Garg on the very day. He noticed the following injuries :

1. A stitched wound on the right frontal parietal region 2" in length. It was approximately bone deep.

2. A surgical wound on the right temporal region for burr (sic) hole.

3. There was bruising of the right eye with ecchymosis of the bulbar conjunctive.

On internal examination the autopsy surgeon found under the seat of injury No. 1 a fissured fracture extending from the side of the wound to the base of the skull covering the middle cranial fossa.

2. The appellant and his father Shamsher Singh were tried by the learned Sessions Judge for having committed an offence under Sec. 302, I. P.C. and Sec. 302 read with Sec. 34. I. P. C. respectively. The learned Sessions Judge convicted both of them for the offence with which ea