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 PW. 5-Banwarilal, PW. 6-Ramcharan and one Jamunadas Baba intervened that the accused stopped inflicting further injuries and retreated from the spot. Ganpatsingh carried Parmalsingh, who was lying unconscious, to the police station at Ambah where he lodged the first-information-report Ex. P/1 at about 7-30 P. M. on the same evening.

A case under Sections 307 and 148, Indian Penal Code was registered by head constable Maniksingh and Parmalsingh was sent for medical examination of his injuries. PW. 12-Dr. Prabhashankar Trivedi found an incised wound on the left side of the deceased's forehead measuring 6"x11/2"x1/2". The skull-bone was cut and fractured as a result of which the right halt of the body was rendered immobile. Without examining the other injury on the person of the deceased Dr. Trivedi issued the injury report Ex. P/7 and forwarded the injured person to the J. A. Hospital Lashkar in view of his serious condition. The other injured persons namely Nawabsingh, Bharatsingh and Sultansingh were also examined by the doctor. The injuries found by him on their persons are detailed in the injury reports Exs. P/9, P/10 and P/11 respectively.

Parmalsingh was examined at J. A. Hospital Lashkar by PW 16-Dr. S.C. Dube, who found the following injuries on his person:-

(i) An incised wound measuring 5"x3/4"x scalp deep extending from 11/2" above the inner end of the left eye-brow up to 2" above the left ear-The brain matter was seen projecting through this wound;

(ii) An incised wound measuring 21/4x1/4" x scalp deep on the right fronto. parietal region tapering at both ends. On X-ray examination of the skull being held a fissured and depressed fracture of the skull extending from the frontal to the occipital region was detected;

Parmalsingh succumbed to his injuries on the 14th of September, 1957. On internal examination the brain substance beneath injury No. 1 was found to be lacerated. The death was in the opinion of the doctor caused due to intracranial hemorrhage resulting from laceration of the brain due to fracture of the skull bones.

The present Appellant along with Shankarsingh, Arjunsingh and Vidhyaram were, on the facts stated above, prosecuted and tried for offences under Sections 302, 326, 302 read with Section 34, Indian Penal Code and 326 read with Section 34, Indian Penal Code. At the conclusion of the trial the present Appellant alone was convicted under Section 302, Indian Penal Code and sentenced as above; whereas the other accused were acquitted of all charges.

In his statement under Section 342, Code of Criminal Procedure the present Appellant stated that he had gone to his own field known as Neemwala field with meals for Vidhyaram. On arriving there he found his other son Arjunsingh lying wounded with Malkhan, Laladhar, Harbilas, Ganpat, Su