Jayant Patel, J.—The present appeal is directed against the judgement and order passed by the learned Sessions Judge in Sessions Case No. 100/2001, whereby the accused has been convicted for the offence under Section 302 of Indian Penal Code (IPC) and the sentence has been imposed upon him of life imprisonment with the fine of Rs. 1,000/-

2. As per the prosecution case, the deceased Vijaysinh and the accused Ajabsinh were brothers and they had some exchange of hot words on account of the regular drinking of liquor by accused - Ajabsinh. The deceased, prior to the incident, had told Ajabsinh - accused that he might stop taking liquor and he should not come to home after taking liquor. Thereafter, the deceased and one Ramsing Ratansinh, who is the nephew of the deceased had gone to the field for sleeping. While both were sleeping in the house, which was in the agricultural field, in different cots, at about 11 O’clock, because of the shouts of hitting and of giving blows, Ramsing got up from his sleep and he saw that his uncle, Vijaysinh, was being beaten with a stick by somebody. The said Ramsing threw torch-light and he saw that his another uncle, Ajabsinh was beating Vijays