V. S. DAVE, J.

( 1 ) THIS appeal is directed against the judgment of learned Sessions Judge, Ajmer, dated February 5, 1986 where-by he convicted the accused- appellant for offence under S. 304 Part (III) IPC and sentenced to seven years rigorous imprisonment and a fine of Rs. 5000/- and kin default of payment of fine he was directed to further undergo four months rigorous imprisonment.

( 2 ) ON November 5, 1983, a report was lodged at police station, Alwar Gate, Ajmer by Dr. , V. D. Kavia, Medical jurist J. L. N. Hospital on phone to the effect that Durga Prasad, since the deceased has been admitted to hospital in an injured condition. Having take down the information Station house Officer went to the hospital, by that time Durga Prasad had succumbed to the injury and his brother Nand Kishore gave him a written report where in Mahendra Singh, Ashok and one Kishore were shown as witnesses who were present at the time of incident. The prosecutions story is only to the extent that when the deceased was sitting alongwith aforesaid three persons, Bhagwan Das suddenly came with a knife and inflicted a blow in the chest of Durga Prasad and ran away and then the story of his taki