Dr. Arijit Pasayat, J. — Leave granted.

2. In this appeal judgment of a Division Bench of the Rajasthan High Court is the subject matter of challenge. The appellant was found guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’), while the co-accused Laxmi Narain was found guilty of offence punishable under Section 302 read with Section 34 IPC. Each of the accused was sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/- each with default stipulation. The trial Court’s judgment of conviction & sentence was maintained.

3. Background facts in a nutshell are as under :

4. On 22.8.1998 a ‘Parcha Bayan’ (Ex. P20) of injured Heeralal (hereinafter referred to as the ‘deceased’) was recorded by the SHO, Police Station, Chechat, Distt. Kota, wherein it was stated that accused appellant Sunderlal told him as to why he has been abused. He told him that he should remove the stones. Subsequently in the night at about 2 a.m. when he was sleeping in his house, accused Sunderlal inflicted a blow on his head by ‘Gandasi’ with the intention to kill him and also inflicted injuries on his hand. He also stated that accused Laxm