This appeal filed under Section 374(2) of the Criminal Procedure

Code (hereinafter referred as “Cr.P.C.”) assails the judgment passed in

Sessions Trial No.227/2012 by learned Second Additional Sessions

Judge, Gadarwara, District Narsinghpur whereby the appellant was held

guilty for committing offence under Section 302 of IPC and directed to

undergo life imprisonment with fine and with default stipulation.

2.

The prosecution story shows that Rambhola (PW-10) lodged a

Dehati Nalishi (Ex.P/11) on 20/05/2012 stating that he resides in village

Dhingasara. There was a quarrel between his father Kehar Singh and

accused persons Kamod and Lalsahab. The quarrel had taken place an

year ago relating to purchase of a cow. The accused persons abused his

father and had animosity with him.

3.

On 20/05/2012, he along with his father Kehar Singh was going

towards village Kheri in order to give some money to Ramnarayan

Paliya. His father was moving ahead and he was following his father by

keeping some distance. When his father reached in front of house of

Narbadiya Kalar, Bhaiyaji Gujar caught hold of his father, accused

Kamod Singh assaulted his father on his head by means of an iron rod.

His father fell down. S