1. This appeal is filed by the accused appellant challenging the judgment dated 20.2.1999 passed by Additional Sessions Judge, Ratangarh in Sessions .Case No. 2/97 convicting the appellant for offence under section 302 IPC to life imprisonment and to pay a fine of Rs. 500/- and in default to further undergo 3 months S.I. on the grounds mentioned in the memo of appeal and as also canvassed before me.

2. With the assistance of the learned counsel for the accused-appellant and learned Public Prosecutor, we have scrutinised the record and reappreciated the evidence on record.

3. The prosecution story as it emerge from reappreciation of the evidence on record is that; on 19.9.1996 in the morning, the complainant's family was working in their field. At about 7.30 a.m. the accused party without any cause assaulted them. The accused party was armed with Farcy, Kulhari and lathies. In the assault, one Gopal Ram was seriously injured and thinking that he has died, the accused persons lifted him and threw him in the dry well, then the accused left the field. With the help of others who had, by then reached the spot, taken up the injured from the well and later on he died. Injuries were