D. L. MEHTA, J.

( 1 ) THE appeal is directed against the judgment of the Additional Sessions Judge, Sikar convicting appellant Kishnaram under section 302, I. P. C. and, sentencing him to imprisonment for life, with a fine of Rs. 1,000. 00, in default of payment of fine, to further undergo 6 months simple imprisonment.

( 2 ) BRIEFLY stated the prosecution case is that at about 2. 00 a. m. on 18/8/1984, P. W. 10 Rameshwar Sharma appeared at Police Station, Sadar Thana, Sikar and. presented a written report, Ex. P114. It was stated therein that at about 10. 00 pm. on 17/8/1984 his wife Smt. Mohini aged about 35 years along with his minor daughter aged about 2 years were coming from the house of Ratan Lal, where his wife had gone to participate in some function. While they were returning the accused drove his truck and crushed Smt. Mohini Devi and her minor daughter. It was also alleged that P. W. 12 Smt. Pushpa was with Smt. Mohini. The incident was seen by P. W. 14 Pawan Kumar, P. W. 15 Jhumar Mal and some other persons. It was further alleged in the F. I. R. that the appellant and P. W 10 Rameshwar were on inimical terms. The appellant had earlier threatened Rameshwar, P.