1. This appeal is directed against the judgment dated 6.10.2004 passed by learned Additional Sessions Judge (Fast Track), Balotra, District Barmer recording conviction of the accused-appellant for the offence punishable under Section 302 I.P.C. and awarding the sentence of imprisonment for life with a fine of Rs. 5000/- and further to undergo six months' additional imprisonment in the event of default.

2. The factual matrix necessary to be noticed for adjudication of this appeal is that Shri Babu Lal (PW-9) submitted a written report to the Station House Officer, Police Station, Samdari on 15.6.2003 at 8:00 am with the assertion that in the night of 14.6.2003 his son Bhanwar Lal left the house with Kishna S/o. Bheema Ji Bheel and went to the residence of Nava Ram S/o. Moola Ji, resident of Majal. After availing two pouches of 'Miraj' Tobacco, he left the house of Nava Ram also. In the morning of 15.6.2003 Smt. Sita Devi mother of Babu Lal while proceeding to have famine relief work saw dead-body of Bhanwar Lal. The person of Bhanwar Lal was having several incised wounds on the body.

3. On the basis of the information aforesaid, a criminal case was lodged and the necessary in