FAROOQ HASAN, J.

( 1 ) APPELLANTS, Karam Singh and Sawai Singh, we convicted under Section 302 of the Indian Penal Code and sentenced to imprisonment for life and a fine of Rs. 500/- in default of payment of fine to further undergo three months R. I. by the learned Additional Sessions Judge, Beawar by his judgment dated March 8, 1988. They have come up in appeal and challenge their conviction.

( 2 ) BRIEFLY stated the prosecution case is that on a report lodged by Kishan Singh (P. W. 2) at police station Sadar Beawar on 17-8-1987 for an incident of the very day a case was registered for an offence under Section 307 of the Indian Penal Code, against the accused persons including the appellants It was alleged report, that at 9. 30 p. m. on 17-8-87, informant-Kishan Singh went to the house oft his uncle, Jetha Singh, on hearing hue and cry and there found that Jetha Singh, and his son Shrwan Singh were being belaboured by the appellants Amar Singh, Pukhraj and Mahendra Singh were named as eyewitnesses of the incident. After the death of injured, Shrwan Singh dated on 20-8-87 the case was converted for the offence under Section 302 of the Indian Penal Code. After usual investigation, a challan was presented against the appellants alongwith Ladu Singh for the offences mentioned in the charge sheet. Learned Trial Court after framing charges recorded statements of 16 prosecution witnesses. The appellants in their statement under Section 313 of the Criminal Procedure Code denied prosecution allegation levelled against them. Learned Trial Court found only appellants guilty of the offence under Section 302 of the Indian Penal Code and co-accused Ladu Singh was held responsible under Section 325 of the Indian Penal Code for causing injuries on the person of Jetha Singh.

( 3 ) WE have heard Shri Jagdeep Dhankhar learned Advocate on behalf of the appellants and Shri Rizwan Alvi Public Prosecutor for the State. We have perused the record.

( 4 ) ONLY arguments urged by the learned Couil$el for the appellants is that Shrwan Singh (deceased) sustained two injuries on the scalp one on the forehead and the other on the right ear. According to the post mortem report (Ex. P. 22), the death of deceased was due to shock as a result of extensive laceration of the brain on account of the multiple fractures of the skull bones because of injuries over the scalp. Thus, taking the aid of autopsy report of the deceased, learned Counsel for the appellants contended that the injuries on scalp were mainly the result of the deceased and that looking to the allegations made by the prosecution in its evidence before the Trial Court it is abundantly clear that the scalp injuries have been inflicted by Ladu Singh and Karan Singh but it has not been explained by the prosecution and there is nothing on record to show that the injuries on scalp inflicted by Ladu Singh was not as a result of fracture sustained on the person of the deceased which subsequently became cause of the death of injured. Learned Counsel for the appellants in these circumstances contended that the appellant (Karam Singh) cannot be held guilty for the offence of Section 302 of the Indian Penal Code and at the most can be convicted under Section 325 of the Indian Penal Code, only for allegedly causing grievous injuries on the person of the deceased.

( 5 ) ON the other hand learned Public Prosecutor contended that in the instant case, there is evidence of the prosecution witnesses on record that Karam Singh inflicted blows on the scalp of the deceased and in this view of the matter learned Trial Court was justified in convicting the appellants under Section 302 of the Indian Penal Code. No other point was canvassed by both the learned Counsel.

( 6 ) WE have considered the point raised and gone through the entire record.

( 7 ) ACCORDING to the F. I. R. (Ex. P. 1) lodged by Kishan Singh after hearing noise the informant went towards the place of incident and there he saw that the accu