JUDGMENT

Dr. Arijit Pasayat, J.—

1. Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court, Indore Bench, upholding conviction of the appellant for offence punishable under Sections 302 read with Section 34 the Indian Penal Code, 1860 (in short the ‘IPC’).

2. Prosecution version, in a nutshell, is as follows:

On 20.9.1995 Anil (hereinafter referred to as the ‘deceased’) left his house for some work and told his brother Rajendra (PW.1) that he will be returning within 10 minutes. He left the house at 8.30 p.m. Just after 15 minutes of his departure, somebody informed Rajendra (PW.1) that deceased was assaulted with a sword. Having heard the news, Rajendra immediately rushed in the direction where the deceased had gone on his motor cycle. He saw a crowd of people in front of Laxmi Market surrounding the deceased who having suffered many injuries on his person was lying on the road. At the same time Dr. Komal Chandra Kothari (PW.4) reached near the crowd and on request deceased was taken to Civil Hospital in his car. On the way to the Hospital deceased was questioned by Rajendra (PW.1) as to who had assaulted him, deceased replied that accus