1. The prosecution story, in short, is that accused Chhotelal sold his property to the deceased Jagannath and resided with him. There were continuous bickerings between the appellant and the deceased. There were frequent quarrels also between Mst. Savitri (PW. 2), wife of the deceased and Mst. Sukhraji (PW. 5), wife of accused Chhotelal. On 8-1-1975 at about 10 A.M., the appellant dealt blows of Khurpi (Art. 1) at the neck of Jagannath and caused his death. Smt. Savitri (PW. 2) called Pragnarayan (PW. 1), brother of the deceased, who took the body of Jagannath in a bullock-cart to the Police Station Umri. By that time Jagannath, though unconscious, was alive; but he died before reaching the Police Station.

2. The solitary witness, who had seen the occurrence, is Smt. Savitri (PW. 2), widow of the deceased. Smt. Savitri in her statement has said that Omprakash was present when the incident took place. Then, as far as the injuries on the person of the deceased are concerned, she says in her statement :

"Jagannath Ke Gardan Par Chhotelal Ne Khurpi Ka War Kiya To Wah Gir Pada Aur Phir Behosh Raha. Wah Bol Nahin Paya."

3. This clearly indicates that only one blow was given by t