JUDGMENT

Subodh Abhyankar, J. - This criminal appeal has been filed under Section 374(2) of Cr.P.C. against the judgement dated 09.02.2012, passed in Sessions Trial No.215/2009 by Additional Sessions Judge, Agar, District Shajapur (MP) whereby finding the appellant guilty, the learned Judge of the trial Court has convicted him under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs.5,000/- and in default of payment of fine further undergo three months simple imprisonment.

2. In brief, the facts giving rise to the present appeal are that on 10.06.2009 at around 11 O' clock in the morning the incident took place at Master Colony, Agar in front of Sodan Singh's house wherein the deceased Suresh was murdered by assault on his head by spade (Fawda). In the incident one Kuldeep was also assaulted, hence, initially the FIR under Section 307, 294, 323, 506/34 of IPC has been registered, however, after the death of Suresh, Section 302 was also added. The case of the prosecution is that earlier, deceased Suresh had sold a plot to Sodan Singh, but later on Sodan Singh came to know that the plot is disputed, hence, Suresh told him that he would get the bo