1. The accused-appellant Harphool was tried alongwith one Bansi for the murder of Bhagwan Sahai. The learned Additional Sessions Judge, Jaipur District, Jaipur in Sessions Case No. 67/90 under his judgment dated 3rd March, 1993 convicted the accused appellant Harphool under Section 302 Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment of fine to further suffer three months simple imprisonment. But the learned Additional Sessions Judge acquitted the other accused Bansi. Harphool has preferred this appeal against his conviction and sentence.

2. The case of the prosecution is that Bhagwan Sahai deceased was the son of PW 4 Kaluram. The deceased was the resident of village Barodia, Police Station Viratnagar and the accused-appellant Harphool had given a loan of Rs. 1,000/- for which a demand is said to have been made from deceased Bhagwan Sahai and his father Kaluram PW 4, but the amount was not being paid, despite the demand having been made continuously for a period of a month or two. The case of the prosecution is that on 6th May, 1990, it was Sunday and at about 4 p.m. Bhagwan Sahai went to Harpho