( 1 ) THE appellant has filed this appeal for putting a challenge to the order of conviction and sentence passed by the Addl. Sessions Judge Dhar Camp Manawar in the matter of Sessions Case No. 38/86 by which he convicted the appellants for offence punishable under Ss. 325 and 323, IPC and sentenced him to RI of different terms.

( 2 ) THE prosecution case in brief can be stated as under. On 25-5-85, at about 9. 00 or 9. 30 p. m. there was a feast in context with marriage of Gula Bhilala at village Bagpura and deceased Naharsingh had attended the said dinner along with other friends. The prosecution alleged that at the time of the said feast there was quarrel between Naharsingh and his associates on one side and appellant and his associates on other side. In the said quarrel, accused appellant Ratansingh Bhilala pelted a stone which hit the abdominal portion of the body of deceased Naharsingh which resulted in injury to his intestine and his death.

( 3 ) AFTER necessary investigation, the accused appellant was put to trial along with one Jama son of Kishan Bhilala. The case was committed to the Sessions Court Dhar. The Addl. Sessions Judge Dhar Camp-Manawar after rec