KANTA BHATNAGAR, J.—Appellant Moti was tried for the offence under Section 302 I PC. by the learned Additional Sessions Judge, Sirohi. By the judgment dated 17-2-76 the learned Additional Sessions Judge held him guilty for the aforesaid offence and sentenced him to imprisonment for life on the first count and six months rigorous imprisonment for the second count with an order that both the sentences shall run concurrently. Being dissatisfied with his conviction and sentence, Moti has field this appeal in this Court.

2. Succinctly narrated the facts of the case giving rise to the trial of the appellant and the present appeal are as under. Deceased Poona resident of Phoolabai-ka-Kfaada, had borrowed gram-seed from the appellant. On 5-5-75 appellant went from his village Kundal to the village of the deceased Poona to recover the seed. He stayed there for the night. Next morning, he along with the deceased left for village Kachholi. Rupa (PW.5) brother of the appellant Moti, also residing at the village Phoolabai-ka-Khada, accompanied the two for village Kachholi, as he had to purchase grain from there. Poona was having a tin of ghee which he wanted to sell at Kachholi Mandi. At Kachhol

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