Gupta, J. -- 1. Appellant Arjun Singh has preferred this appeal against his conviction under section 302, of the Indian Penal Code (for short the IPC), and sentence of imprisonment for life, recorded by II1rd Additional Sessions Judge, Durg vide judgment dated 8.9.88, passed in Sessions Trial No. 37/87.

2. The factual matrix of the case, in Ii narrow compass, is that though Dhaniram (since deceased) and the four accused persons, including appellant Arjun Singh, were the members of one and the same gang of thieves, but there were some differences between them on account of the competitive feelings and distribution of the stolen property. At about 10.00 p.m. in the fateful night of 13.4.86, when Dhaniram was coming back to his house, the accused persons surrounded him near the 'Paan-Shop' of Mithu and belaboured him by means of 'ballam' and 'lath-is'. Dhaniram, with a view to save himself, tried to run away, but he was followed by the accused persons, who belaboured him again. Injured Dhaniram somehow reached his house and disclosed about the incident to his wife Vimla Bai. Dhaniram himself lodged the First Information Report at 3.30 a.m., on 13.4.86, at P.S. Chawni, District