Sharma, J.—This appeal has been filed by Kamalsingh who has been convicted by the learned Sessions Judge, Bharatpur, under sec. 304-11 I.P.C. and sentenced to seven years rigorous imprisonment.

2. The prosecution case is that on the 18th July, 1953 sometime in the evening, the appellant Kamalsingh and his brother Poorna laid a charge against Mst. Shyamo, the mother of Kanchan (hereinafter to be referred to as the deceased) ana one Mst. Somoti, that they had stolen a lota belonging to them. The two women denied the charge, on which they were taken before Mst Sufedi. Jawali, the brother of the deceased also accompanied them. Mst. Sufedi denied having said anything to the appellant and his brother about the theft of the lota. When the party was returning from the house of Sufedi, there was verbal altercation between Mst. Somoti on one side and the mother of the appellant on the other. In the midst of this altercation, the appellant gave a shoe beating to Mst. Somoti and when Jawali intervened, he was also beaten. Jawali raised an alarm, on which many persons including the deceased came to the spot. The appellant picked up a pati which was lying nearby and gave a blow with it on the hea

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