SARJOO PROSAD, C.J.—This appeal is directed against the decision of Shri B.K.D. Badgel, Additional Sessions Judge of Jalore, dated 12th October, 1960. The learned Judge, who tried the appellant Bhoor Singh, convicted him under sec. 304 Part II of the Indian Penal Code and sentenced him to undergo 3 years rigorous imprisonment. The appellant was tried for a charge under sec. 302 of the Indian Penal Code for causing the death of his brother Mod Singh.

2. The material facts lie in a short compass. According to the prosecution the appellant Bhoor Singh and his brother Mod Singh, the deceased, were both cultivating their field on the evening of the date of occurrence, 20th November, 1959. It is alleged that a quarrel ensued between them regarding some food and in the course of the quarrel the appellant Bhoor Singh lost his temper and inflicted a Chowkni blow on the chest of Mod Singh, as a ¦ result of which Mod Singh died almost immediately on the spot. The prosecution case is that the incident was witnessed by a boy Bhava, who was then cultivating a field in the locality some distance away. Bhava was called by the appellant Bhoor Singh who asked him to bring Deepa, the sisters son of the appellant and the deceased, who was also working in some field near about. The appellant then asked Deepa to inform his mother about the incident and told him that he had killed his brother in the course of a quarrel for bread with a Chowkni. Deepa and Bhava then informed the mother of the accused and at her instance they also gave information to Thakur Kishore Singh, a respectable man of the village. Thakur Kishore Singh, accompanied with certain other persons then went to the spot, found Mod Singh lying dead and on enquiry the appellant is said to have confessed his guilt before those persons in killing his brother by a Chowkani blow on account of a quarrel regarding some bread. Kishore Singh got a written report prepared by one Bhom Raj, which was sent through one Poonama to the Police Station Modran, some ten miles off. On the basis of that report a case was instituted and the police after investigation submitted charge sheet against the petitioner. The sub-Inspector, who investigated the case, went to the sire and prepared a site plan. He arrested the accused on the spot, who then happened to be sitting at the place, and also took possession of the Chowkani, the instrument with which the deceased is said to have been killed. He also prepared an inquest report and took possession of a Ganji, 1 half shirt, and 1 Angocha, which he found on the person of the deceased. The dead body was in due course sent for post mortem examination, but it was held some two days after the occurrence, i.e., on the 22nd of Nov.,1 1959. The Chokani, which was duly sealed, appeared to have contained some blood spots and was examined by the serologist, who found that two of the middle prongs contained human blood. The defence of the appellant was that he was not responsible for killing the deceased. What happened according to the defence was that some Kundva was being prepared and the deceased, who was working on the Kundva fell on a Bavela, as a result of which he sustained injuries and died.

3. The prosecution in this case depends on the evidence of Bhava, the only eye-witness and certain circumstantial factors, the extra judicial confession of the appellant in the presence of Deepa, his nephew, as also in the presence of Thakur Kishore Singh, who went to the spot on getting information of the occurrence : the Chowkani which was found on the spot and with which the blow is said to have been inflicted, was also found to contain human blood on two of the middle prongs. The medical evidence is that there were two injuries on the person of the deceased, both punctured wounds:

(1) Punctured wound 1/2" x 1/3" x 1-1/2" downwards and medially in left intercostal space just lateral to sternal border;

(2) Punctured wound 1/2" x 1/3" x 1" downwards and laterally first right interc

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