P.R. Sharma, J.

The Appellant Bhagwantsingh son of Kashiramsingh resident of village Amlipura was convicted and sentenced by the Second Addl-Sessions Judge Morena under Section 302, Indian Penal Code to undergo rigorous imprisonment for life. He has appealed against his conviction and sentence.

The case for the prosecution, briefly stated, is that the deceased Parmalsingh along with PW. 1-Ganpat Singh, PW. 2-Sultansingh, PW. 3-Nawabsingh and PW. 4-Bharat Singh was cutting grass in the afternoon of the 12th of September, 1957 in Sultanaingh's field known as 'Mahidawala' field. At about 4-30 P. M. the present Appellant armed with a sword and shield along with Arjunsingh, Shankarsingh, Vidhyaram, Janaksingh, Kedarsingh and Phadolsingh arrived there and challenged the deceased. When the latter stood up Bhagwantsingh struck a blow with a sword on hie head. When Parmalsingh turned his face Janaksingh is alleged to have inflicted another injury with a sword on the right fronto-parietal region of the deceased. Thereafter the accused attacked Ganpatsingh, Nawabsingh, Sultansingh and Bharatsingh with deadly weapons as a result of which they sustained various injuries. It was only when