1. - Convict Amra preferred, this appeal against the judgment of the Sessions Judge, Balotra, dated 28th April, 1973, whereby he was convicted and sentenced to life imprisonment & a fine of Rs. 200/-, in default of which, to suffer rigorous imprisonment for two months, under Section 302 Indian Penal Code By the same judgment, however, accused Deda was acquitted of the offences under Section 302/34, 379 IPC.

2. The prosecution case was as under: In the noon of 5-7-72, deceased Mota was ploughing his field with the help of his nephew Banka. PW 4 Mst. Kohli was clearing the field at a distance of 15 to 20 steps. Appellant Amra was also ploughing his field at a distance of 15 to 20 steps. Deda came there & asked Mota that he should go with him to Amra & compromise the dispute with regard to their fields. When Mota reached near Amra, the latter gave axe blows to the former. Mota was fatally injured and his head was severed from the body. Amra, Mota and Deda were brothers. After the incident, Amra went to PW 5 Bhanwar Singh, Sarpanch of the village, and made an oral confession of the crime. Bhanwarsingh advised appellant Amra to go to the police. On the same night, Devilal, Head