1. - This appeal has been preferred against the judgement and order of the Addl. Sessions Judge, Kotputli, District Jaipur by which the appellant herein Badri has been convicted and sentenced for an offence under Section 302. Indian Penal Code and sentenced to imprisonment for life along with a fine of Rs. 500/- and, in default of payment of fine to further undergo two months' rigorous imprisonment.

2. The case of the prosecution was lodged by the informant. Pooran Mal Meena (PW/9) on 11.8.1993 at the Police Station, Pragpura, District Jaipur, wherein it was stated that his father (deceased) Banshi went to the village along with accused-appellant Badri Prasad who did not return in the night. The following morning at about 6 A.M., his cousin Ramji Lal enquired from him whether his father Banshi Chacha returned in the night. To which Pooran Mal Meena replied that he had not returned home last night. Ramji lal then informed him that a jeep of the liquor contractor had come from Dantil, wherein the persons sitting in the jeep namely Banwari Lal Meena, Mali Ram Meena, Jagdish Meena and Phool Chard Jat told him that two persons from their village had come to Dantil in the jeep of