( 1 ) THIS is an appeal preferred u/s. 374 (2) of the Criminal Procedure Code by accused/appellant, who has been convicted u/s. 302 of the Indian Penal Code and sentenced to R. I. for life by judgement dated 30-10-1985 by Addl. Sessions Judge, Satna in S. T. No. 18 of 1986.

( 2 ) UNDISPUTABLY, the deceased Lekhan Singh and the accused/appellant Man Bharan Singh are real brothers. The prosecution case stated in brief is that there was a dispute between the accused/appellant Manbharan Singh and his brother deceased Lekhansingh over the passage from the fields. On 30-10-1985 at about 9. 00 A. M. in the morning, while the deceased Lekhansingh was going to his field, the accused/appellant came out from hiding and assaulted the deceased Lekhansingh with a stick. The deceased Lekhansingh sustained injuries on his head and other pats of his body and fell down. On the deceased shouting for help, attention of Sadhusingh (P. W. 6) and Ayodhya (P. W. 7) was drawn and they came on the spot. Seeing them, the accused/appellant ran away. Other person also came near the deceased and thereafter the deceased was taken to the Police Station.

( 3 ) AT the Police Station, Lekhansingh h