1. - This appeal is directed against the judgement of learned Sessions Judge, Bundi dated 30.4.1986 whereby the accused-appellant was convicted for offence under Section 304 Part II of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of four years and with fine of Rs. 1,000/- with the stipulation that in the event of default in making payment of fine, he shall have to further undergo simple imprisonment of six months.

2. The facts giving rise to this appeal are that on 3.11.1985, one Smt. Tulsa lodged a report with Police Station Talera, Distt. Bundi that in the afternoon of that day, her husband Krishna and son Ram Lal were turning after grazing their cows. Accused appellant Ramdeva inflicted a blow on the head of Krishna with the intention of killing him. The incident took place near Khali situated at some distance from their village. Her son Ramlal came rushing to their house and told the informant about the incident. She and Ramlal along with Ganpat, immediately went to the place of occurrence and brought Krishna to the house. R.S. Gujar of Bhawanipur who was passing by at that time and one another person by the name of Gujar, resident of Gangru,