JUDGMENT

Vaidialingam, J. :- This appeal by the accused, by special leave, is directed against the judgment and order of the Rajasthan High Court dated August 7, 1968 in D. B. Criminal Appeal No. 394 of 1964.

2. The appellant was tried in Sessions Case No. 4 of 1963 by the Addl. Sessions Judge, Ajmer for an offence under Section 302, I.P.C. for causing the death of his brother Bajrang Lal on July 15, 1962. The Sessions Judge acquitted the appellant by his judgment and order dated January 4, 1964. The State filed an appeal before the High Court against the decision of the Sessions Judge. The High Court has set aside the order of acquittal and in turn has convicted the appellant for the offence under Section 302, I.P.C. and has sentenced him to undergo imprisonment for life. The case of the prosecution was as follows :

3. The appellant and his three brothers Bhanwarlal, Ucchablal and Bajrang Lal owned jointly 14 bighas of land as joint family property. Bhanwarlal had died some 15 or 16 years before the occurrence. There was a dispute between the appellant and his two brothers Ucchablal and Bajranglal and the heirs of his deceased brother Bhanwarlal on the question of effecting partit