N.N. Mathur, J.-This appeal is directed against the Judgment dated 10th Dec., 1996 passed by Sessions Judge, Rajsamand convicting the appellant Mohan Singh of offence u/Section 302 I.P.C. arid sentenced to undergo imprisonment for life and to pay a fine of Rs. 2000/-in default to further undergo six months rigorous imprisonment. (2). Briefly stated that prosecution case is that on 10.94 at about 11:00 P.M., P.W. 1 Kesar Singh lodged an oral First Information Report Ex. P1 at Police Station, Kelwada stating Inter alia that at about 7:00 P.M. he was attracted by the out cry of his brother Mohan Singh from his house. He rushed to his house. He found that number of people had assembled there. On inquiry, P.W. 3 Ratan Singh disclosed that uncle Mohan Singh and his wife Babia Devi thrashed Pratap Singh by ‘Kuihari’. He also stated that Mohan Singh gave a ‘Kuihari’ blow on the head of Pratap Singh. He was taken to the hospital by P.W. 2 Ram Singh, P.W. 9 Gopal Singh and

P.W. 4 Kishan Singh. He succumbed to the Injuries on the way. He also stated that a quarrel took place between Mohan Singh and Pratap Singh on the question of cutting of fodder. Police registered a case for offenc