1. - This appeal has been filed by the accused-appellant against the judgment and order dated 3.12.1999 passed by the learned Sessions Judge, Karauli in Sessions Case No. 20/99 by which he convicted the accused-appellant for the offence u/s. 302 IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo six months SI

2. It may be stated here that by the same judgment and order, the learned Sessions Judge acquitted the accused-appellant the offence u/ss. 302/34 and 323 IPC. The learned Sessions Judge also acquitted the accused-Pintu for the offence u/ss. 302, 302/34 IPC, but convicted him for the offence u/s. 323 IPC, but for that offence, he was released on probation. The learned Sessions Judge also acquitted the accused-Kishan @ Kishanlal of all the charges framed against him i.e. for the offence u/ss. 302, 302/34 & 323 IPC.

3. It arises in the following circumstances :

On 1.7.1998 at about 4.00 a.m. in the morning, PW-10 Murari lodged a written report Ex.P/10 with the police station Sapotara District Karauli before PW-11 Lekhraj Singh, who was at that time SHO of that Police Station stating inter alia that on 30.6.1998 at about 7.00 p.m. in the evening in the village Berunda, his father Sugniya (hereinafter referred to as `the deceased') was going to jungle to satisfy the nature's call and when he was going on the way, the accused-appellant, another acquitted accused-Kishan and Pintu and some other persons encircled deceased and at that time, accused-appellant was armed with sword and another acquitted accused- Kishan was also armed with sword and the accused-appellant gave a sword blow the head of the deceased and the second sword blow was given by acquitted accused-Kishan on the neck of the deceased and on hearing cries, PW-8 Rishikesh, who was grand-son of the deceased, reached on the spot and when PW-8 Rishikesh intervened in the matter, accused-Pintu gave a kulhari blow on his left leg and all accused persons treating that the deceased had died, had run away from the place of occurrence. It was further stated in the report Ex.P/10 by PW-10 Murari that the above facts were narrated to him by PW-8 Rishikesh, who, according to him, was present on the spot and when the deceased was being taken to the hospital, he succumbed to his injuries on the way.

On this report Ex.P/10, PW-11 Lekhraj Singh registered the case and chalked out regular FIR Ex.P/11 and started investigation.

During investigation, site plan Ex./3 was got prepared by PW-11 Lekhraj Singh and the accused-appellant was got arrested by PW-11 Lekhraj Singh on 2.7.1998 through arrest memo Ex.P/1.

The post-mortem of the dead body of the deceased was got conducted by PW-4 Dr. Puranmal Verma and the post-mortem report is Ex.P/5 where it was opined that the cause of death of the deceased was coma, due to organic brain damage due to fracture of skull bones and brain injury and haemorrhage.

PW-8 Rishikesh was also got medically examined by PW-4 Dr. Puranmal Verma and his injury report is Ex.P/6, which shows that he received only one injury.

The accused-appellant was also got medically examined by PW-4 Dr. Puranmal Verma and his injury report is Ex.P/4, which shows that he received three injuries.

After usual investigation, police submitted challan against the present accused-appellant and another acquitted accused-Kishan and Pintu for the offence u/ss. 302, 302/34 & 323 IPC in the Court of Magistrate and from where, the case was committed to the Court of Session.

On 26.2.1996, the learned Sessions Judge, Karauli framed charges for the offence u/s. 302 alternatively 302/34 & 323 IPC against the accused-appellant and another acquitted accused-Kishan and Pintu and the charges was read over and explained to them. They denied the charges and claimed trial.

The prosecution in support of its case examined as many as 11 witnesses and got exhibited several documents and thereafter, statements of the accus