1. This appeal is directed against the judgement of the learned 1 Additional Sessions Judge (Fast Track), Alwar dated 26.8.2003 who thereby convicted the accused - appellant Lallu Ram for offence under section 302 IPC and sentenced him to life imprisonment with fine of Rs. 5,000, in default whereof, he was to further undergo rigorous imprisonment of one year and also 5 convicted him for offence under section 447 IPC and sentenced him to rigorous imprisonment of three months. Both the sentences were ordered to run concurrently.

2. A trifle incident of two children plucking two flowers of mustard, while they were coming from school to their house, from the agriculture field of the 10 accused Lallu Ram led to the unfortunate incident of altercation between the two families and eventual death of Manglya.

3. Three accused namely, accused - appellant Lallu Ram, Maniya Ram and Mst. Sharda were charge sheeted for the incident. Though the other two were acquitted, the accused - appellant alone was convicted, who is up in the appeal before us against the aforesaid judgement.

4. Pappu Ram (PW 1) submitted a written report (Ex.P1) to SHO, PS. Malakhera on 5.12.2002 with regard to inciden