1. 1. This appeal has been preferred by the appellant Ram Jas Singh against his conviction and sentence under section 302 I.P.C. passed by the learned Additional Sessions Judge, Sikar on 13-8-1974. The appellant was charged for an offence under section 302 I.P.C. for the murder of one Madho Singh in village Hasampur, police station Patan, District Sikar on January 17, 1974. The co-accused Jagmal Singh was also tried under section 302/34 I.P.C. for the same murder. Jagmal Singh, however, was acquitted by the learned Additional Sessions Judge, Sikar giving him the benefit of doubt.

2. The prosecution story as revealed during investigation and trial in brief is as follows:

As stated by Ishwar Singh P.W. 2 the incident was occasioned owing to previous enmtiy between the deceased and the accused. The agricultural fields of Jagmal Singh and Madho Singh are adjacent. Madho Singh's daughters bad gone to the field to collect leaves. There Jagmal Singb also came and he took exception to the children causing damage in the field and complained to Madho Singh. Madho Singh and his son Mahavir Singh and Jagmal Singh had heated exchanges and abuses. This incident had happened on the same da