In a criminal case, the accused is not required to prove his case beyond reasonable doubt. It is enough that he establishes the preponderance of probabilities in his favor and the plea of self-defense taken by him.

PALOK BASU, J.

( 1 ) THIS appeal by Ram Charan has been filed against his conviction under Section 304, I. P. C. and the sentence of eight years R. I. passed by the First Additional Sessions Judge, Rampur, on 31-5-1979 in Sessions Trial No. 218 of 1978.

( 2 ) THE prosecution case in brief was that Ram Charan had executed a usufructuary mortgage of his land measuring about 8 bighas about 10 years ago in favour of Nanna deceased for a sum of Rs. 1200. 00. This land was again mortgaged by him to Salamat, co-accused, for a sum of Rs. 2500. 00 and by the said amount he had purchased a tonga. Consequently Salamat and Ram Charan asked Nanna to surrender the land at which he said that when the amount was paid he would do so.

( 3 ) ON 31-6-1978 at about 9. 30 p. m. P. W. 1 Mohd. Hanif, who is the sisters husband of deceased Nanna, was sitting in his house along with P. W. 3 Smt. Jameela, wife of Nanna and some others. The appellant Ram Charan and co-accused Salamat came there and told Nanna that the amount was ready and he should accompany them Consequently Nanna went towards the house of accused Ram Charan. It is said that P. W. 2 Chunna had in the meantime come from the other direction and was present in front of the house of Ram Charan when inside his Kotha Nanna was thrown on the ground by the two accused and at the asking of Salamt several Daranti blows were caused by the appellant. A lantern was burning in which all this incident was seen by the witnesses from outside the house of appellant Ram Charan. When the witnesses wanted to make an entry the accused said that they would also be killed similarly. After the accused had left, the witnesses found that Nanna was dead inside the Kohta of appellant Ram Charan. A first information report is said to have been lodged by P. W. 1 Mohd. Hanif at 10. 30 p. m. in the presence of P. W. 11 Jasram Singh who was the Station Officer of Police Station, Bilaspur. Relevant general dirary entries were made and the case was registered as proved by Exs. Ka-2 and Ex. 3. It is said that the Station Officer started for the place of occurrence after recording the statement of the informant. He got the inquest done and the necessary documents Exs. ka- 12 were prepared and the dead boby was sent through constables Suraj Singh and Lajja Ram for post mortem examination. The post mortem examination of the deceased was conducted by Dr. R. K. Mishra, P. W. 6, on 14-6-1978 at 11. 30 a. m. The following ante-mortem injuries were found on the body of the deceased vide post mortem report Ex. ka-5: -1. Incised wound 20 cms. x 3 cms. x 14 cms. on back of neck upper part where it joins the head, cutting vertebral column, spinal cord, muscles of neck, blood vessels and nerves of neck, extending between the tusear (lower part ). 2. Incised wound 24 cms. x 3 cms. x 5 cms. on rt. side neck, 1-1/2 cms. , below rt. part of injury No. 1 and extending to rt. part of lower jaw. 3. Incised wound 4 cm. x 2 cms. x 3 cms. on outer middle rt. arms, arm bone partly out under this injury. 4. Incised wound 9 cms. x 3 cms. x 3 cms. on back of rt. forearm just below. Cutting radius bone. 5. Incised wound 2 cms. x 1 cm. x skin, 4 cms. below injury No. 4. 6. Incised wound 1 cm. x 11/2 cm. x skin on rt. side chest, 16 cms. below axilla. 7. Incised wound 2 cms. x 1 cms. x skin on rt. side chest, 14 cms. below injury No. 6. The death was said to have been caused due to shock and haemorrhage due to the injuries received by the deceased. Clothes of the deceased Exs. 5 to 7 were sent to the police station in a sealed cover.

( 4 ) IN order to prove its case the prosecution had examined three eye-witnesses, P. W. 1 Mohd. Hanif, P. W. 2 Chunna and P. W. 3 Smt. Jameela, wife of the deceased.

( 5 ) THE appellant, however, denied his participation in the crime as alleged by the prosecution and came out with an entirely different version. He explained that he was first attacked by the deceased by Lathi whereafter in order to save his own life he had used