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 th

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