(1) THIS appeal by special leave is directed against the judgment of the Madhya Pradesh High court affirming the conviction of the appellant under Section 302, IPC and the sentence of imprisonment for life.

(2) A detailed narrative of the prosecution is to be found in the judgment of the High court. It appears that the deceased Parsu was the own brother of the appellant and they were working in the field at about 4 p.m. and thereafter the father and the mother came back to the house but the two brothers remained in the field. According to the prosecution, the appellant caused large number of injuries on the deceased while he was in the field with him and then came to the house and informed his father that three persons had killed the deceased. The father lodged FIR on 16/10/1967 at 9.45 p.m. immediately after the incident where he mentioned these facts.

(3) THE entire evidence against the appellant consists of circumstantial evidence. The two circumstances relied upon by the courts below against the appellant are the following :

1. That the appellant was last seen with the deceased in the field after the parents of the appellant returned to the house.

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