(1.) This appeal is directed against the judgment dated 14-3-1988 passed by the n A.S.J. Ratlam in S.T. No., 8/87 whereby the appellant has been convicted u/s. 304 Part I of I.P.C. and has been sentenced to undergo R.I. for 10 years and to Pay a fine of Rs. 500/- and in default to undergo R.I. for one year.
(2.) According to the prosecution at about 8 p.m. on I 1-12-1986 the appellant abused Waliyas brother-in-law Matru (P.W.4) in presence of Waliyas guests and pelted stone at him injuring him on his head He thereafter demanded back from Mana loan advanced by him to the latter. On his saying that he would return it after some days, the appellant, with a log of wood lying on the spot dealt him several blows. As a result the victim soon died.
(3.) The occurrence was reported to the Police which after investigation prosecuted the appellant u/s. 302 of I.P.C.