JUDGMENT

Rajendra Saxena, J. - This jail appeal has been directed against the judgment dated 13.12.1985 passed by the learned Additional Sessions Judge, Chittorgarh, whereby he found the accused appellant guilty for the offences under Sec. 302 & 397 I.P.C. and sentenced him to life imprisonment and to ten years rigorous imprisonment respectively and further directed that both substantive sentences shall run concurrently.

2. Briefly stated the prosecution case as unfolded by the evidence is that in the night intervening 17th & 18th Feb. 1992 some unknown persons committed the murder of Lalu son of Devkishan Jat resident of Village Casma, who was sleeping in his Nohra. Next morning Gotulal came to know about the murder of Lalu Ram. He went to Shri Godulal, 'Ward Panch' and informed him about the incident who lodged an oral report to the S.H.O Police Station, Akola, which was reduced into writing as Ex. P/6 and the formal F.I.R. Ex. P/7 was drawn. The Investigation Officer rushed to the spot, inspected the site, prepared the site plan, memo of the dead body of Lalu Ram and also seized and sealed the blood stained Goodari and 'Panchhewada' of the deceased. It is alleged that appellant