KANTA BHATNAGAR, J. - (1.)APPELLANT Kistoor Puri was tried for the offence under Section 302 and 447 IPC by the Sessions Judge Jalore The learned Sessions Judge held the appellant guilty for the offence under Section 304, Part I and 447 IPC and by the judgment dated September 30, 1977 sentenced him to eight year R.I. and a fine of Rs. 1000/ -, in default of payment of fine to undergo three months R.I. on the first count and three months R. I on the second count with an order that the substantive sentences for two offences shall run concurrently.
(2.)BEING dissatisfied by his conviction and sentence, the appellant has preferred this appeal in this Court.
Briefly stated the facts of the case leading to the trial of the appellant are as under:

(3.)ON may 8, 1978 in the after -noon at about 3.30 P.M., appellant went to the field of Jepa Ram know as 'Jepaji' and demanded 'Rijka'. Jepa Ram refused to give. At this appellant inflicted lathi blow on his head. Jepaji was taken to hospital Siyana. F.I.R of the occurrence was lodged on May id, 1977 by Chela Ram son of injured. Case under Section 325 IPC was registered and the investigation proceeded Charge sheet under Section 447, 323 and 325 IPC was filed in the Court of Chief Judicial Magistrate, Jalore After eighteen days of the occurrence on May 26,1977 Jepaji breathed his last in the hospital. Charge sheet under Section 302 IPC was filed against the appellant in the Court of Chief Judicial Migistrate, Jalore. The learned Magistrate committed the appellant to the Court of Sessions Judge, Jalore to stand his trial for the charges. The learned Sessions Judge, charge sheeted the appellant for the offence under Section 302 and 447 IPC and recorded his plea. On his denying the indictments trial proceeded. Prosecution examined eight witnesses in all. The appellant totally denied the allegations levelled against him in his statement under Section 313 of the Code of Criminal Procedure and stated that his father was the 'Pujari' of Khetlajika Mandir which the 'malis' of the village did not like and the Puja work was snatched from him and for that reason he (appellant) has been falsely implicated in the case. To substantiate his contention appellant examined his father Hira Puri and one more witness Mangal Singh. The learned Sessions Judge was of the opinion that the injury on the head of Jepaji caused by the appellant was likely to cause his death and had actually resulted in his death and as such the offence committed was not murder but culpable homicide cot amounting to murder. For that reason, the appellant was held guilty for the offence under Section 204, Part -I as well as Criminal Trespass under Section 477 IPC a ad sentenced as stated earlier.