Judgment

Arijit Pasayat, J.—Conviction for offence punishable under Section 302, Indian Penal Code, 1860 (for short ‘IPC’) made by learned Ses­sions Judge, Kota, having been confirmed by a Division Bench of the Rajasthan High Court, Jaipur Bench, this appeal has been preferred by the accused.

2. Factual scenario as unfolded during trial is as follows :

On 26.4.1994, septuagenarian Lattor Lal (hereinafter referred to as ‘the deceased’) lost his life at about 7.30 a.m. He was going with his cows in front of one Madan Lal’s house. According-appellant Chittar Lal gave him a knife blow resulting in instantaneous death. This incident was witnessed by Dhan Raj (PW 3), Shiv Prakash (PW 5), Nathu Lal (PW 6) and others. Son of the deceased, Heera Lal (PW 1) lodged the report at the police station at about 8.15 a.m. On being told that accused was coming towards the house of Heera Lal (PW 1), his mother closed the door. When he went to the roof, he saw accused who had a knife in his hand was running towards the hospital. He reached the spot and found his father dead. The background motive for the assault was said to be execution of a Will of one house by Moti Lal, father of the accused in favo