1. - This appeal has been filed by the accused appellant against the judgment and order dated 22.10.1999 passed by the learned Additional Sessions Judge No. 2, Bhilwara, by which he convicted the accused appellant under Section 304 Part-II IPC and sentenced him to five years Rigorous Imprisonment and a fine of Rs. 5,000/- and in default of payment of fine, to further undergo six months S.I. and he further convicted the accused appellant under Section 323 IPC and sentenced him to one month simple imprisonment and a fine of Rs. 200/- and in default of payment of fine, to further undergo 15 days S.I. Both the sentences were ordered to run concurrently.

2. The necessary facts giving rise to this appeal are as follows:-

On 11.6.1998, PW 5 Smt. Shatu Bai gave a parcha bayan Ex.P/7 to PW 14 stating that at about 8.00 AM in the morning accused Mohanlal beat her son Narayan, PW 2 and thereafter, her father-in-law Ramlal (hereinafter to be referred as deceased) went to accused Mohanlal for talks and asked him why he has beaten PW 2 Narayan. Upon this, accused Mohanlal gave a lathi blow on the head of the deceased and thereafter, deceased became unconscious and died on the same day. On