S.P. Pathak, J.-This criminal appeal under Section 374(2) CrPC is filed against the Judgment and order dated 18.06.2003 passed by Addl. Sessions Judge No.2, Chittorgarh in Sessions Case No.31/2002- State vs. Balu & Ors., whereby the accused-appellant has been convicted under Section 304 Part-II IPC and sentenced to 7 years rigorous imprisonment and a fine of Rs.500/-, in default thereof to further suffer one months simple imprisonment.

2. Briefly stated, the facts giving rise to the present case are that on 30.03.2002 complainant Ladu (PW. 2) present at Parsoli Hospital gave oral information to the SHO, Police Station Parosoli to the effect that in the evening at 7 PM when he came at his house, he found Badri, Gokal, Balu, Kana, Bhagwana, Bhona alias Mukesh and Smt. Dali sitting in front of his house under a tree abusing his family members, who on his brother Kalus asking not to do so, connived with each other and in order to kill him entered in the house unauthorizedly and started beating him by fists and kicks. On his intervention, Kana threw a stone on him also. Balu twisted the neck of his brother and on his crying when uncle Janu came running, Bhagwana threw a stone o