1. - This appeal is directed against the judgment of the Additional Sessions Judge, Swai Madhopur dated March 31, 1976 convicting the appellant Under Section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 300/-, in default of the payment of fine to further undergo two months' rigorous imprisonment.

2. Briefly recalled, the prosecution case, which short and simple, is that PW 2 Sukhpal, PW 3 Shanker, PW 4 Babu, PW 13 Mst. Kamla, the deceased Ganga Ram and the appellant Murari Lal were grazing their cattle in the forest of village Udana, P.S. Khandar, district Sawai Madhopur on July 30, 1975. The she-buffaloes of the appellant entered the field of one Jaggannath, who was a near relative of the deceased Ganga Ram. Shankar, Babu, Mst. Kamla and the deceased drove out the she-buffaloes from the field of Jaggannath and took them to the bank of the river situate nearby. The appellant Murari Lal picked up some quarrel with the deceased Ganga Ram on this matter. At about 1.00 p.m. when Ganga Ram was sitting with his neck downwards the appellant came and struck a blow on the back of his neck with an axe. The appellant thereafter took to heels. There was profus