This criminal appeal preferred by the appellant under Section 374 of Code of Criminal Procedure , 1973 (in short, 'Cr.P.C.') against the impugned judgment of conviction dated 05.04.2014 passed by the Additional Sessions Judge, Kukshi, District Dhar in Sessions Trial No.30/2014, whereby the appellant has been convicted for the offence under Section 302 of the Indian Penal Code , 1860 (in short, ' IPC ') and has been sentenced to undergo Life Imprisonment with fine of Rs.1,000/- with usual default stipulation.

2. The facts of the case in brief are that on 15.11.2013 complainant Dashrath has lodged an FIR at P.S. Tanda by stating that today he along with his brother namely Sumji (deceased) and present appellant Karamsingh have gone to attain a cremation ceremony of Shelubai of their village. At the time of returning to home, they took a different route. Deceased Sumji and present appellant Karamsingh were consuming liquor under a tree and all of a sudden they hear a voice “Maar dala”.

Upon this, complainant rushed there and saw that the accused was carrying the deceased and upon asking, the accused left the deceased and fled away from the spot. Accordingly, offence under Sect