1. This appeal is directed against the judgment of learned Sessions Judge, Udaipur dated 26-2-92 whereby he convicted the accused appellant for offence under Section 304 Part II Indian Penal Code and 324 Indian Penal Code and sentenced him to undergo 7 years R.I. on the first count and 6 months R.I. on the second count. He, however, directed both the sentences to run concurrently.

2. Briefly stated, the facts of the case are that on May 7, 1990 when deceased Shiv Singh alongwith his son Bhanwar Singh were busy in blasting stones in their own field, the stones travelled up-to the field of Mohabbat Singh accused. Mohabbat Singh protested on the manner of blasting on which some incident took place in which according to the prosecution story Motabbat Singh, his wife Birju and Badni inflicted injuries on the person of Shiv Singh and his son Bhanwar Singh, Shiv Singh and Bhanwar Singh sustained knife injuries. Shiv Singh succumbed to the injuries and an information to that effect was lodged at the police station Sahara, District Udaipur, on 7th of May, 1990 i.e on the date of occurrence itself. Police during investigation apprehended accused appellant Mohabbat Singh as well as Sm