( 1 ) THE appellant, being aggrieved by the judgment dated 7-4-97 passed by the learned First Additional Sessions judge, Indore in Sessions Trial No. 232/94, thereby convicting the appellant for the offence punishable under section 302, Indian penal Code and sentencing him to suffer imprisonment for life and to pay a fine of rs. 5,000/- and in default of payment of fine to suffer additional R.. for four months, has preferred this appeal.

( 2 ) BRIEFLY stated, the prosecution case as unfolded before the trial is that on 30-3-93, the appellant made a telephone call and asked Dr. Pradip Bahadur Singh (deceased) to have evening dinner together. At about 4. 00 p. m. Dr. Pradip Bahadur Singh met the appellant and both of them came to the house of the appellant on Kinetic Honda scooter of deceased (Dr. Singh) and the appellant took him in a room of his house situated at G-36, M1g Colony, Indore and caused blow by means of an iron dumb-bell. Thereafter the accused/appellant went to Dr. Nikhil Oza in the evening at 7. 00-7. 15 p. m. in M. Y. Hospital, Indore when Dr. Oza was on duty as Casualty Medical Officer (CMO ). The appellant was in drunken state and told him that he had co