JUDGMENT

K. Jayachandra Reddy, J. - Special leave granted.

The appellant, who figured as original accused no. 1, was tried alongwith three others under Sections 302 and 302/34, I.P.C. The trial Judge acquitted the other three accused but convicted the appellant under Section 302, I.P.C. simpliciter. The convicted accused namely the appellant filed an appeal challenging his conviction and the State also filed an appeal against the acquittal of the other three accused. Both the appeals were dismissed by the High Court.

2. One Umed Singh, aged about 65 years, is the deceased in the case. On-18.11.1988 he had gone to Mandir to worship where at about 7.45 A.M. he was attacked. His son Dharampal, P.W. 6 reached the Mandir and he also found his brothers there at the Mandir. By then the deceased was injured and on being enquired the deceased told P.W. 6 that the appellant hit him with an iron pipe while he was worshipping. The other eye - witnesses P.Ws. 12 and 13 also informed P.W. 6 about the occurrence. Thereupon P.W. 6 went and informed the police. The injured was removed to the hospital and was examined by P.W. 11, a Doctor at the Primary Health Centre. Thereafter the injured was shifted