G.M.LODHA, J. - (1.)SANWALIYA has filed this appeal against the judgment of Sessions Judge, Sawaimadhopur, convicting him under Section 302 I.P.C. for the, murder of Chiranji and sentencing him to imprisonment for life.
(2.)MR . Gupta, learned Counsel for the appellant very fairly and frankly has submitted that so far as the fact of causing injury by accused t Sanwalia to Chiranji by lathi blow is concerned, it is not necessary to go in details because firstly, the accused has admitted it in his statement under Section 313 Cr. PC, and secondly, it is amply proved on the record of the case by credible and reliable evidence. He however, submits that the peculiar facts and circumstances of the case to to show that the accused, who is an extremely old man of 78 years of age, wanted to stop the scuffle where his son who was interlocated with Chiranji would have been either done to death. as Chiranji and Chotey (son of the appellant) were trying to snatch 'Aakadi' from each other.
Mr. Mathur, learned Public Prosecutor submits that giving a lathi blow with full force on the skull, which is most vital part of the body clearly shows the intention of the accused to cause the death and, therefore, the conviction of the accused under Section 302 IPC is fully justified.

(3.)WE have given a thoughtful consideration to the rival contentions of learned Counsel for the accused appellant and the learned Public Prosecutor.