N. L. TIBREWAL, J.

( 1 ) THIS appeal is directed against the judgment dated, April 30, 1993 passed by the Sessions Judge, Jhunjhunu, in Sessions Case No. 40/91, whereby the appellant, Shrawan, was convicted under section 302 I. P. C. and sentenced to imprisonment for life and to pay a fine of Rs. 200/ -. In default of payment of fine, to further undergo - one months simple imprisonment.

( 2 ) IN brief, the prosecution case is that P. W. 2, Mohan, made a report, Ex. P. 1, at Police Station, Kotwali Jhunjhunu, at 8. 30 a. m. on 1. 4. 199 1. In this report it was stated that his brother, Srichand (now deceased) had gone to the bus station of Narsinghpura at 6. 30 P. M. on 31. 3. 1991. The accused-appellant was with him and his brother was murdered by the appellant, Shrawan on the way towards hillock from Fatehpura. It was also stated that the children of Durga Ram had seen the incident. It was also stated in the report that Srichaild was having a bag which contained some money and in order to take the money, he was murdered by the appellant. Then it was stated that the appellant Shrawan himself came to the house of Srichand in the night and intimated that he was lying dead on the hillock. There upon, the villagers went there and found Srichand lying dead having injuries on his person. He was brought home at mid night. On this report, F. I. R. Ex. P. 2, was chalked out and crime No. 92/91 was registered under section 302 I. P. C. The post-mortem of the dead body of Shrawan was conducted by Dr. Sita Ram Sharma, P. W. 9, who was Medical Jurist, B. D. K. Hospital, Jhunjhunu, at the relevant time. He found as many as 22 injuries on the person of the deceased, which were abrasions, contusions and lacerations. The cause of death was opined to be shock due to blecding and fractures of ribs and injuries on lungs and lever.

( 3 ) AFTER completion of the investigation, a charge-sheet was filed against the appellant under section 302 I. P. C. Ultimately, he was tried in the court of the learned Sessions Judge, Jhunjhunu, for the offence under section 302 I. P. C. During the course of trial, prosecution examined as many as 14 witnesses. The accused denied his involvement in the crime in his statement under section 313 Cr. P. C. and one witness, namely, Shri Sheoram was examined in defence. The learned trial court convicted and sentenced the accused under section 302 I. P. C. as indicated above.

( 4 ) TWO-FOLD submissions were made by the learned counsel appearing for the appellant. The first submission is that the conduct of the accused shows that he was innocent otherwise, he would not have informed the family members of the deceased Srichand that he is lying dead on the hill. The second contention of the learned counsel is that the offence does not travel beyond Sec. 325 I. P. C. or in any case, under section 304 Part II I. P. C.

( 5 ) WE have given our careful consideration to the submissions made by the learned counsel for the appellant. So far as the first contention is concerned, suffice is to say that there is overwhelming evidence against the appellant that he inflicted injuries to the deceased. P. W. 1 Smt. Sarli and P. W. 5 Ramchandra, are the eye witnesses of the incident. It may be stated that as per the statement of P. W. 1 Smt. Sarli, she had seen the accused Shrawan and deceased Srichand going towards the hillock and Shrawan was assaulting him at that time. She saw them while standing outside her house and she asked her sons Ram Chander and Rajendra to pacify the quarrel. She has also stated that his sons, Ram Chander and Rajendra went to Srichand and Shrawan and, after returning, she was informed that Shrawan had told to his sons that he was going to leave Srichand at his residence. In the morning, she heard that Srichand had died. P. W. 5, Ramchandra has also stated that in the evening at 5 p. m. , he was grazing his cattle in a field near his house. His mother was at his residence. He saw that the accused Shrawa