1. - The appeal is directed against the judgment of the learned Additional Sessions- Judge, Nagaur dated December 17, 1980, by which the appellant Gulam Hussain was convicted under Section 302, IPC and sentenced to imprisonment for life with a fine of Rs. 300/-, in default of the payment of fine to further undergo three months rigorous imprisonment.

2. Briefly put, the prosecution case is that at about 830 p.m. on August 17, 1979, PW 1 Safi Mohammed, PW 4 Abdul Rehman, PW 7 Mohammed Yakoob, PW 10 Noor Mohammed and the deceased Abdul Sakoor were sitting on the Chabutari of one Ismail Lohar situate near Loharpura Chowk, Nagaur and were talking about the crops. PW 2 Usman was also standing nearby and PW 3 Mohammed Ali was standing out side his hotel situate nearby. While they were talking, Naina (co-accused convicted under Section 323, IPC) came there and asked Safi Mohammed (PW 1) as to why he had poured down the milk carried by his son Yusuf (co-accused, but acquitted) in a drum. PW 1 Safi Mohammed expressed his ignorance. At that very time, Naina's sons Gulam Hussain (appellant) and Yusuf came there. Accused Naina had a stick with him. He started striking blows to Mohammed