ORDER :

The accused appellant who has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life is in appeal before us.

2. We have heard the learned counsels for the parties.

3. The undisputed facts of the case that will require a notice for the purposes of determination of the liability of the accused appellant are that he had come to the place of occurrence without being armed with the weapon of the alleged offence which was a heavy wooden log. Admittedly, the assault by the accused appellant on the deceased was a single blow assault which had caused the following injuries on the deceased:

1.3 cm. Contused lacerated wound over saggital suture of scalp.

2.4 cm. Fracture skull of frontal bone over right side above right eye.

3. Subdural haematome 3 x 4 cm. below fracture site, brain was congested.

4. The doctor (P.W.13) who had conducted the postmortem had categorically deposed that the injuries found on the person of the deceased, as described above, were caused by a single blow and that the victim had suffered only one external injury, namely, 3 cm. contused lacerated wound over saggital suture of scalp. In fact, it is the opinion of the doctor (P.W.13