1. - Accused Misra has been convicted under Section 304, Part-II, Indian Penal Code and sentenced to 7 years' rigorous imprisonment with a fine of Rs. 200/-, in default of payment of fine, further rigorous imprisonment of two months by the learned Sessions Judge, Jalore by his judjement dated 19th December, 1985. Aggrieved of this judjement, the appellant has filed this appeal through jail.

2. I have heard learned Amicus Curiae and the learned Public Prosecutor and have gone through the record.

3. The facts of the case, briefly stated, are that on April 25, 1985 one Govind Ram was going to his shop from his house, when accused Misra armed with spade came near him and started giving blows with the spade Govind Ram fell down raising cries, but Misra did not stop and went on giving more blows. In the meantime, Hariram and Chamanlal, who were going to the house of Govind Ram reached the spot and saw the incident. They, however, could not interfere out of fear. After inflicting few blows and taking Govind Ram to be dead, Misra ran away from the spot. Then Hari Ram went to the house of Govind Ram and informed his son Jai Shankar about this incident. Jai Shanker then came to the sp