1. - This appeal is directed against the judgment dated 5.2.2007 passed by learned Additional Sessions Judge (Fast Track) No. 1, Udaipur convicting the accused appellant for an offence punishable under Section 302 Indian Penal Code and sentencing to undergo life term imprisonment with a fine of Rs. 5000/- and further to undergo one year's rigorous imprisonment in the event of failure to pay the fine.

2. In brief, facts of the case are that on 20.1.2002, an oral information given by Shri Nanalal (PW-1) to Rajendra Kumar (PW-11) was reduced in writing and on basis of that a criminal case was registered at Police Station Vallabhnagar District Udaipur. As per the information given, deceased Pyarchand @ Prem Rawal father of Nanalal (PW-1), established a 'Shiv Math' in outskirts of village Navaniya and was staying there in a hut all alone. Several trees all around the Math were also planted by Shri Pyarchand @ Prem Rawal. Accused Ramchandra was intending to make some encroachment in the campus of Math, therefore, he was regularly harassing Shri Pyarchand @ Prem Rawal. An information in this regard was also given to the police station. From last about 5-6 days Ramchandra was tidin