Verma, J. -- 1. This criminal appeal is directed against the judgment of conviction and sentence passed in Session Trial No.28/2006 by the learned Session Judge, Maheswar, West Nimar dated 19.1.2007, wherein the learned Sessions Judge convicted the present appellant under section 302 of IPC and sentenced him to life imprisonment and under section 323 (2 counts) of IPC for causing injury to Mukesh and Bittu and sentenced him to six months rigorous imprisonment.

2. According to prosecution story, the deceased Bama was working as Choukidar of the village and he was patrolling the village along with Sheru Pinjara, Bhatore etc. at 1:30 a.m. in the night, a person came towards them and when that person reached in front of the house of Chhogalal, the deceased Bama stopped him and asked him to disclose his identity. He told the deceased Bama that he was a policeman. Not believing him, the deceased tried to lift his shirt to check whether he was wearing a police badge to ensure that he was a policeman. However, on that occasion he slapped him and to defend himself he tried to take an iron pipe from the complainant Chhogalal. But before he could hand over the pipe to the deceased Ba